2026:JHHC:18830 Page | 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4224 of 2026 ------ 1. Rajdeo Pandey, S/o Late Rameshwar Pandey, R/o Village- Giddhi, PO-Rohila, PS-Ramna, Dist-Garhwa, Jharkhand. 2. Balwant Pandey, S/o Late Rameshwar Pandey, Village-Giddhi, PO-Rohila, PS-Ramna, Dist-Garhwa, Jharkhand. 3. Krishna Deo Pandey, S/o Late Rameshwar Pandey, Village- Giddhi, PO-Rohila, PS-Ramna, Dist-Garhwa, Jharkhand. … … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Garhwa, PO & PS-Garhwa, Dist- Garhwa, Jharkhand. 3. The Circle Officer, Ramna, PO + PS-Ramna, Dist-Garhwa. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Alok Kumar Mishra, Advocate Mr. Ritesh Kumar Pathak, Advocate For the Respondent(s) : Mr. Abhijeet Anand, AC to Sr. SC-I ------ 04/ 29th June, 2026 1. Heard the parties. 2. The prayer of the petitioners, in this writ petition is to restrain the respondents-State from making any construction of a public road over the Rayaiti land of the petitioners, without acquiring the same, in accordance with law and without payment of compensation. 3. It was the grievance of the petitioners that the respondents are constructing a road over the land which belongs to the petitioners over Plot No.358 of Village-Giddhi, P.S-Ramna, Dist- Garhwa. 4. On submission of learned counsel for the petitioners, this Court on the last date directed the State to seek specific instruction as to whether any construction is being made over the aforesaid plot or not and whether any proceeding under Land Encroachment Act has been initiated or not. 5. Today, the learned counsel for the petitioners submits that there was no construction going on over the aforesaid plot. He also submits that an encroachment case has been initiated against the petitioners for encroaching the aforesaid land. 2026:JHHC:18830 Page | 2 6. Learned counsel appearing on behalf of the petitioners by referring Annexure-2 submits that though a notice has been served upon the petitioners under Section 3 of the Jharkhand (Bihar) Public Land Encroachment Act, but no number has been mentioned. 7. Considering the said submission, since an encroachment case is pending against the petitioners for the said land in question, it will not be proper for this Court, at this stage, to decide the claim of the petitioners that the petitioners are a Raiyats over the land in question. The issue can be decided only after disposal of the encroachment case. Thus, I direct the petitioners to appear before the Circle Officer, Ramna on or before 14.07.2026. They will file their objections in the said encroachment proceeding. Once the objection is filed, the respondents will follow the procedure under the Jharkhand (Bihar) Public Land Encroachment Act and will pass an appropriate order on the same. 8. It will be open to the parties to approach an appropriate forum, once the final order is passed in this case and communicated to the petitioners. 9. With the aforesaid observation, this writ application stands disposed of. (ANANDA SEN, J.) 29.06.2026 S.K.D/CP-2 Uploaded on 06.07.2026.