2026:JHHC:12493 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(C) No.3188 of 2019 ----- Kaleshwar Sao, aged about 55 years, son of late Badhan Sao, resident of Village- Karudih, P.O.- Sapamaran, P.S.- Dhanwar, District- Giridih (Jharkhand). … Petitioner(s). Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Giridih, P.O.+P.S.+Dist.- Giridih. 3. The Circle Officer, Dhanwar Block, P.O. Dhanwar, P.S. Dhanwar, Dist.- Giridih. … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rajeeva Sharma, Sr. Advocate Mr. Om Prakash, Advocate For the State : Mr. Sushavan Bhowmik, AC to SC-V …...... 16 /28.04.2026: Heard the learned senior counsel representing the petitioner and the learned counsel representing the respondents. 2. In this writ petition, the petitioner has prayed for the following reliefs: “for quashing the order dated 24.08.2018 (Annexure-2) passed by the Deputy Commissioner, Giridih (Respondent No.2) in encroachment Case No. 06/2016 whereby in exercise of his appellate power, the Deputy Commissioner, Giridih upheld the order dated 01.06.2015 passed by the Circle Officer, Dhanwar (Respondent No.3) in land encroachment Case No. 01/14-15/ Misc. Case No. 12/14-15 without considering the fact that the Circle Officer, Dhanwar did not exercise the jurisdiction vested in him under the Jharkhand Land Encroachment Act, in most arbitrary manner passed the order of removal of alleged encroachment without giving any opportunity to the petitioner to file the relevant documents i.e. PATTA of settlement dated 03.03.1941 of Khata (J.B.) no. 50, Plot No. 409 area 1 acre 8 decimal issued by the then Jamindar and the grant of rent receipt dated 13.03.1943 vide book no. 11/3 in respect of the said lands and the rent receipts duly issued by the State of Bihar and thereafter the State of Jharkhand. The Circle Officer, Dhanwar without fixing any date of hearing and without hearing passed the order dated 01.06.2015, the date on which was not fixed for hearing or orders. The revenue authorities have no power to cancel a 2026:JHHC:12493 2 Jamabandi opened by the state and against which the rent receipts are issued by the state pursuant to the grant of patta of settlement dated 03.03.1941 issued by the then jamindar.” 3. The petitioner is aggrieved by the order dated 24.08.2018 (Annexure-2) passed in Encroachment Case No. 06 of 2016 whereby after cancelling the Jamabandi the Appellate Authority under the Public Land Encroachment Act has ordered that the petitioner has become encroacher and thus directed to remove all the encroachment. He is also aggrieved by the order of the Circle Officer which was the subject matter of the Encroachment Case No. 06 of 2016. 4. I have heard the parties and have gone through the appellate order passed by the Deputy Commissioner, Giridih in Encroachment Case No. 06 of 2016. After going through the record, I find that the subject matter of the land in question is in Dhanwar Circle, Mouza-Karudih, Khata No. 50, Plot no. 401 – 20.25 acre and Plot no. 409 – 12.50 acre. The Deputy Commissioner, Giridih in the impugned order has ordered to cancel the Jamabandi which was created in respect of Mouza- Karudih, Khata No. 50, Plot no. 401 – 20.25 acre and Plot no. 409 – 12.50 acre and consequently the Circle Officer was directed to remove the encroachment. 5. Admittedly the proceeding was initiated under the Public Land Encroachment Act which is evident from Annexure-2 which is the impugned order itself. The Public Land Encroachment Act does not give any power to the Collector or any Authority to set aside the Jamabandi. By doing so the Deputy Commissioner who is the Appellate Authority has acted beyond the jurisdiction. Thus, the impugned order dated 24.08.2018 passed by the Deputy Commissioner in Encroachment Case No. 06 of 2016, whereby the Jamabandi has been directed to be cancelled in a proceeding under the Public Land Encroachment Act, is bad and thus, is set aside. 6. Since the order of removal of encroachment was a 2026:JHHC:12493 3 consequential order, the same is also set aside and the order dated 01.06.2015 passed by the Circle Officer, Dhanwar in Land Encroachment Case No. 01/14-15/Misc. Case No. 12/14-15 is also set-aside. 7. If the State wants to claim title over the land in question, it will be open to the State to approach appropriate Civil Court having jurisdiction. 8. Accordingly, this writ petition stands allowed. (ANANDA SEN, J.) 28.04.2026 Tanuj/CP-2 Uploaded on 08.05.2026