2026:JHHC:18371 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4166 of 2026 ------ 1. Tarique Azam Jamali, son of Ghulam Rabbani. 2. Md. Aslam, son of Warfuddin Miyan. 3. Md. Rijwan, son of Md. Ajim. 4. Gulam Rabbani, son of Rajjak Miyam. 5. Abdul Latif, son of Md. Imamuddin Ansari. 6. Md. Kalim, son of Late Mustakim Miyan. 7. Mosomat Jassim Bano, wife of Md. Fakhruddin Mian. All resident of Village Jori Kala, P.O. Jori, P.S. Hunterganj, District Chatra. … … Petitioners Versus 1. The State of Jharkhand. 2. Circle Officer, Hunterganj, P.O. & P.S. Hunterganj, District Chatra. … … Respondents ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner : Mr. Ashim Kr. Sahani, Advocate For the Respondent : Mr. Jai Prakash, AAG-IA-cum-Sr. Adv, Mr. Amitesh Kr. Geasen, AC to AAG-IA Ms. Omiya Anusha, AC to AAG-IA ------ 03/ 23.06.2026 By filing this writ petition, the petitioners have prayed for the following reliefs:- “for issuance of a writ in the nature of Certiorari or any other appropriate writ/ order for quashing the final Notices dated 03.02.2026 (Annexure-3(series) purportedly under Section 6(2) of the Jharkhand Public Land Encroachment Act in Encroachment Case No:02/2025-26; AndOr For issuance of any such Writ/Order/Direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and for doing conscionable justice to the Petitioner.” 2. Heard Mr. Ashim Kr. Sahani, learned counsel representing 2026:JHHC:18371 2 the petitioners and learned AAG-IA-cum-Senior Counsel, representing the respondents, duly assisted by the Circle Officer, Hunterganj, Chatra, who had issued the impugned Notice. 3. It is the grievance of the petitioners that without following the procedure as laid down in the “Jharkhand Public Land Encroachment Act” (in short “Encroachment Act”), the Circle Officer, Hunterganj, had directly issued the Notice under Section 6 (2) of the Encroachment Act, directing the petitioners to remove the encroachment. 4. On the aforesaid grievance, this Court vide order dated 18.06.2026, directed the Circle Officer, Hunterganj, Chatra, to remain present before this Court along with the entire record of Encroachment Case No.02/2025-26. The Circle Officer, Hunterganj, Chatra, is present today with the record of Encroachment Case No.02/2025-26. 5. Learned AAG-IA-cum-Senior Counsel representing the respondents, after going through the file himself admits that a Notice under Section 6(2) of the Encroachment Act, has directly been issued to the petitioners. 6. Section 6(2) of the Encroachment Act, provides that if any person does not comply with the order passed by the Collector under the Section, then he shall be punished with imprisonment which may extend to one year or with a fine up to Rs.25,000/-. This provision presupposes a final order under Section 6 passed by the Collector. To invoke the aforesaid provision under Section 6(2) of the Encroachment Act, there must be a final order of the Collector and 2026:JHHC:18371 3 there must be disobedience of the final order of the Collector. 7. Proceeding under the Jharkhand Public Land Encroachment Act can be initiated by issuing Notice under Section 3 of the Encroachment Act. If a proceeding is initiated after issuance of Notice under Section 3 of the Act, the person who has been served with the Notice has a right to appear before the Collector and raise his defence in terms of Section 4. Section 5 of the Act, gives the right of personal hearing to the person upon whom the notice has been served. Section 6 is a separate provision, where the Collector has the power to pass a final order to remove encroachment in respect of cases which are not covered under provisos to Section 3(2) of the Encroachment Act. Even if the Collector invokes Section 6, then also opportunity of hearing must be provided to the person. 8. In this case, as it appears from the submission of learned AAG-IA-cum-Senior Counsel, that no opportunity of hearing was given to the petitioners before issuance of impugned Notice, thus the provision laid down under Section 5 has not been followed, since already the proceeding was initiated in terms of Section 3 of the Act. 9. Since the procedure was not followed, issuance of the impugned Notice as contained in Memo No.75 dated 03.02.2026 passed by the Circle Officer, Hunterganj, Chatra, [Annexure-3 (Series) to the writ petition], is bad and thus the same is hereby set aside. 10. The Circle Officer, Hunterganj, who is present before this 2026:JHHC:18371 4 Court, is directed to hear the petitioners and thereafter proceed to pass a final order, which should be a reasoned one, considering the defence of the petitioners. After the order is passed, the Circle Officer will hand over the copy of the same to the petitioners. 11. It is expected that the petitioners will appear before the Circle Officer, Hunterganj, within two weeks from today. Thereafter, the Circle Officer, will fix the date and proceed with the matter in accordance with the provisions laid down under the Jharkhand Public Land Encroachment Act. 12. The appearance of the Circle Officer, Hunterganj, is hereby dispensed with. 13. With the aforesaid observation and direction, this writ petition stands disposed of. (ANANDA SEN, J.) 23rd June, 2026 Prashant. Cp-2 Uploaded on 27.06.2026