2026:JHHC:18773 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(C) No.4416 of 2026 ----- Santosh Sharma @ Santosh Kumar Sharma, aged about 47 years, son of Beni Prasad Sharma, resident of 217 A/15, Zarina Road, Sarna Toli, Dipugarha, Near S.P. Kothi, P.O. Hazaribagh, P.S. Sadar, District Hazaribagh. … Petitioner(s). Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Hazaribagh, P.O. Hazaribagh, P.S. Hazaribagh, District Hazaribagh. 3. The Managing Director, Jharkhand State Housing Board, Harmu Housing Colony, P.O. Ashok Nagar, P.S. Arogra, District Ranchi. 4. The Sub-Divisional Officer, Hazaribagh, Ρ.Ο. Hazaribagh, P.S. Hazaribagh, District Hazaribagh. 5. The Revenue Officer, Jharkhand State Housing Board, Hazaribagh, P.O. Hazaribagh, P.S. Hazaribagh, District Hazaribagh. 6. The Executive Engineer, Jharkhand State Housing Board, Hazaribagh, P.O. Hazaribagh, P.S. Hazaribagh, District Hazaribagh. … Respondent(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Navin Kr. Singh, Advocate Mr. Sajid Yunus, Advocate For the State : Mr. Ayush Deb, AC to GP-VI For the JSHB : Mr. Sachin Kumar, Advocate Mrs. Sweta Shukla, Advocate …...... 02 /25.06.2026: Heard the learned counsel representing the petitioner and the learned counsel representing the respondents. 2. It is the grievance of the petitioner that notice of eviction has been given to the petitioner declaring him to be an unauthorised occupant but no proceeding has been initiated against the petitioner and there is no pronouncement by the appropriate authority that the petitioner is an unauthorised occupant. 3. He submits that his ancestors were living in the property since long by paying municipal tax etc. and other taxes. 4. Learned counsel appearing on behalf of the Housing 2026:JHHC:18773 2 Board submits that at no point of time the petitioner produced any document to suggest that on the basis of some valid settlement or document, the petitioner or their ancestor occupied the said land in question. 5. After hearing the parties, I find that the petitioner has been noticed on 22.12.2025 and he was directed to vacate the premises in question on the ground that he is an unauthorised occupant. 6. Whether the petitioner is an unauthorised occupant or not, first has to be adjudicated and decided by the Board. To arrive at the conclusion on the aforesaid issue the petitioner has to be noticed and based on his reply and documents produced, an independent decision has to be taken. Once a decision is taken, based on the documents on record, after giving opportunity of hearing to the petitioner, then only an appropriate consequential action can be taken by the Board. The Board without hearing the party, cannot declare the petitioner as an unathorised occupant and throw him out of possession. 7. Thus, I dispose of this writ petition directing the Housing Board to give an appropriate notice to the petitioner and initiate a proceeding. If in the said proceeding it is adjudicated that the petitioner is an unauthorised occupant, an appropriate action can be taken against him. 8. Without giving an opportunity to the petitioner to contest the notice and allegation of the Housing Board, and declaring the petitioner to be an unauthorised occupant, the petitioner cannot be evicted. 9. Board is directed to issue fresh notice and initiate a proceeding immediately against the petitioner. 10. With the aforesaid observation this application is disposed of. (ANANDA SEN, J.) 25.06.2026 Tanuj/CP-2 Uploaded on 30.06.2026