2026:JHHC:17814 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3725 of 2021 ------ 1. Sanjay Singh, son of Omkar Prasad Singh, resident of Charki Pahari, P.O. & P.S. Kunda, District Deoghar. 2. Kundan Kumar Thakur, son of Bachchan Thakur, resident of Village Sadharia, P.O. & P.S. Deoghar Town, District Deoghar. … … Petitioners Versus 1. State of Jharkhand. 2. Deputy Commissioner, Deoghar, having its office at Deoghar, P.O. & P.S. Deoghar, District Deoghar. 3. Sub-Divisional Officer, Deoghar, having its office at Deoghar, P.O. & P.S. Deoghar, District Deoghar. 4. Circle Officer, Deoghar, having its office at Deoghar, P.O. & P.S. Deoghar, District Deoghar. 5. Raju Rout, son of Sri Shankar Rout, resident of Village Charki Pahari, P.O. & P.S. Kunda, District Deoghar. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ankit Kumar, Advocate For the Respondent(s) : Mr. Tarun Kr. Mahato, AC to AG ------ 10/ 18.06.2026 By filing this writ petition, the petitioners have prayed for the following reliefs:- "(i) For quashing the order dated 01.06.2015 (Annexure-3) passed in R.E. Case No.41/2013-2014 by Sub-Divisional Officer, Deoghar, whereby the SDO has ordered to evict the petitioner from Dag No.04 measuring 2.46 Acres of Jamabandi No.15, Thana No.587, Mauza Charkipahari in exercise of power under Section 42 of the Santhal Pargana Tenancy Act, 1949; (ii) For Quashing the letter No.251 dated 04.08.2021 (Annexure-4), wherein the Respondent No 3 had directed to evict the petitioners from their residential land in light of order dated 01.06.2015 passed in R.E. 2026:JHHC:17814 2 Case No.41 of 2014-14 without the order dated 01.06.2015 being communicated to the petitioners. (iii) During pendency of the instant writ petition, for an appropriate interim order staying the operation of the aforesaid letter No.251 dated 04.08.2021 and order dated 01.06.2015 issued by SDO, Deoghar and for a further interim order restraining the respondents from evicting the Petitioners from the land in question whereupon residential building has been built; (iv) For issuance of an appropriate writ(s)/order(s)/direction(s) restraining the respondent authorities from evicting the petitioner from the land in question in absence of opportunity of hearing to the petitioner;" 2. Heard learned counsel representing the petitioners and learned counsel representing the respondents. 3. In spite of service of notice, respondent No.5 has not appeared, so this Court is proceeding ex-parte. 4. This writ petition can be disposed on a very small point. 5. It is the grievance of the petitioners that the proceeding was initiated against the petitioners but the petitioners were not served with a Notice and they were not given opportunity of being heard. Without service of Notice and without hearing the petitioners, the impugned order has been passed, which is in violation of principles of natural justice. 6. The petitioners being aggrieved of not affording sufficient opportunity of hearing to them, have taken the point of 2026:JHHC:17814 3 violation of principles of natural justice in this writ petition at para- 11, which is quoted hereunder:- "11. That the petitioner states that a proceeding was initiated by the Sub-Divisional Officer, Deoghar and it was numbered as R.E. Case No. 41 of 2013-2014 and no notice has even been served upon the petitioner and no opportunity of hearing was given prior to passing impugned order dated 01.06.2015." 7. The afore quoted para-11 of the writ petition has been dealt with by the respondent - State in their counter affidavit at para-18. Nowhere in the entire paragraph, they have refuted the claim made by the petitioners that the notice was not served and there is no violation of principles of natural justice. It is necessary to quote para-18 of the counter affidavit, which reads as hereunder:- "18. That with regard to the statement made by the petitioners in paragraph-11 to 14, in the instant writ petition under reply, it is humbly stated and submitted that the captioned property is Raiyati transferrable land and the Sub-divisional Officer, Deoghar has rightly exercised his jurisdiction under section 42 of Santhal Pargana Tenancy Act over the illegal possession of the petitioners over Raiyati non transferable land and the order dated 01.06.2015 in R.E. Case No.41 of 2013-14 is just and proper and also in accordance with law." 8. Since admittedly there is a violation of principles of natural justice, the impugned order dated 01.06.2015 in R.E. Case 2026:JHHC:17814 4 No.41/2013-14, passed by the Sub-Divisional Officer, Deoghar (Annexure-3 to the writ petition); and the impugned order as contained in Memo No.251 dated 04.08.2021 (Annexure-4 to the writ petition), are hereby set aside. 8.1. The matter is remanded to the Sub-Divisional Officer (SDO), Deoghar, who will consider the objection of the petitioners including the objection of jurisdiction, if any, taken by the petitioners. 8.2. The petitioners should appear before the Sub-Divisional Officer, Deoghar along with a copy of this order. 8.3. Thereafter the SDO, Deoghar, is directed to issue notice to all the parties concerned and after hearing the parties, pass an appropriate order considering the question of jurisdiction also. 9. With the aforesaid observations and directions, this writ petition stands allowed. (ANANDA SEN, J.) 18th June, 2026 Prashant. 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