2026:JHHC:18455 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 2182 of 2020 Akhilesh Kumar, S/o Late Chandramani Prasad Singh, R/o Qtr. No.A/74/2, Sector- II, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi .... Petitioner(s). Versus 1.The State of Jharkhand through its Chief Secretary, Government of Jharkhand, Project Bhawan, P.O. & P.S.- Dhurwa, District Ranchi 2.Circle Officer, Nagri, Ranchi … Respondent(s). …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. A.K. Sahani, Advocate Mr. Ajit Kumar, Advocate For the State : Mr. Ashutosh Kumar, AAG-III Ms. Rishi Bharti, AC to AAG-III …...... 08/ 24.06.2026: Heard, learned counsel for the petitioner and learned counsel for the State in presence of the Circle Officer, Nagri, Ranchi. 2. In this case, petitioner has challenged the impugned order dated 09.07.2020. 3. It is the grievance of the petitioner that without following the procedure as laid down under the Jharkhand (Bihar) Public Land Encroachment Act, the Circle Officer has passed an order for eviction and thereafter has taken all steps to evict the petitioner. 4. On the aforesaid submission made on the last date, this Court called for the entire original record of the Encroachment Case No.6 of 2018-19. The Circle Officer, Nagri, Ranchi along with the record is present today. 5. I have gone through the record. From the ordersheet of the said case, it is clear that on 25.01.2019, notice was issued to the petitioner, fixing the next date as 16.02.2019. On the next date i.e. 16.02.2019/28.02.2019, it has been recorded that the record was placed before the Officer and the same is kept for “Orders”. Further date is not mentioned therein. The records were next put on 10.06.2019, when the final order was passed to remove the petitioner. 6. The ordersheet clearly suggest that the procedure as laid down in the Jharkhand (Bihar) Public Land Encroachment Act has not been followed. Once a notice under Section 3 has been issued, the opportunity to file an objection has to be given in terms of Section 4 of the Act. Thereafter, hearing the parties in terms of Section 5 of the Act, the final order can be passed. In this case, directly the final order was passed, which is an illegality committed by the Officer concerned. Thus, the impugned order is set aside. 7. Petitioner is directed to appear before the Circle Officer, Nagri, Ranchi on or before 11th July, 2026 along with the objection and a copy of this order. Thereafter, the Officer concerned will give an opportunity of hearing to the petitioner in terms of Section 5 of the Act and will pass any order. The order so passed must be reasoned and should be communicated to the petitioner. 8. With the aforesaid observation and direction, the instant writ petition stands disposed of. 9. The entire original record be returned to the Circle Officer. (ANANDA SEN, J.) 24th June, 2026 R.S./ Uploaded on /06/2025