SAHU TRADERS, PROPRIETOR RAMLAL NAYAK v. THE STATE OF JHARKHAND
WPC/2773/2025 · 2026-07-15
Sri Ananda Sen
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 20699 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20699 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:20984 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2773 of 2025 ------ Sahu Traders, Proprietor Ramlal Nayak, son of Late Pemu Nayak, resident of Village Shivalaya Tola, near Badara Talab, Madhukarpur, Post Office Chandipur, Police Station Kasmar, Khurd Chando, District Bokaro, Jharkhand. … … Petitioner Versus
1. State of Jharkhand.
2. The Deputy Commissioner, Bokaro, P.O. & P.S. Bokaro, District Bokaro, Jharkhand.
3. The Circle Officer, Petarwar-cum-Deputy Collector JPLE, Bokaro, P.O. & P.S. Bokaro, District Bokaro, Jharkhand. … … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Kavita Kumari, Advocate For the Respondent(s) : Mrs. Sunita Kumari, AC to Sr. SC-II ------
03/ 15.07.2026
By filing this writ petition, the petitioner has prayed for the following reliefs:-
“for issuance of an appropriate writ(s)/
order(s)/ direction(s) for quashing the Notice dated 13.02.2025 issued vide Memo No.332 in Encroachment Case No.01 of 2024-25 by the Circle Officer, Petarwar (Bokaro)-cum-Deputy Collector Jharkhand Public Land Encroachment Act, 2000 whereby and where under petitioner has been directed to appear on 19.02.2025 at 2.30 in the Afternoon as a last chance along with relevant documents and file show cause as to why the encroachment made in the part of the land of Khata No.94, Plot No.126, Area 1.43 Acres as according to Khatiyan the land is KESHRE-E-HIND LAND and in the part of the 10 decimal out of the aforesaid land he is responsible for encroachment after making illegal construction as the aforesaid land is a Public Land in view of Bihar (Jharkhand) Public
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Land Encroachment Act, 1956 (herein after referred to JPLE Act, 2000) Sub Section 2 of Section 2 i.e. at Annexure-3 of the writ petition as because the aforesaid land is not the public land as defined under section 5 of the Jharkhand Public Land Encroachment Act 2000 in view of Sub Section 2 of Section 2 of the Bihar Public Land Encroachment Act, 1956 and as such since it is not public land the issuance of the notice is without jurisdiction and it can be quashed even at this stage as held by the Hon’ble Court. AND The Petitioner further prays the proceeding in encroachment case no.1 of 2024-25 pending in the Court of Circle Officer, Petarwar (Bokaro) cum Deputy Collector, Jharkhand Public Land Encroachment Act, 2000 may be stayed during the pendency of this writ petition.”
2.
Heard learned counsel representing the petitioner and
learned counsel representing the respondents.
3.
A proceeding has been initiated under the Jharkhand Public Land Encroachment Act against the petitioner being Encroachment Case No.01 of 2024-25. A Notice under Section 3 of the Jharkhand Public Land Encroachment Act, 2000, as contained in Memo No.332 dated 13.02.2025 (Annexure-3 to the writ petition), was issued to the petitioner.
4.
The petitioner has rushed to this Court challenging the aforesaid Notice taking several grounds which the petitioner can very well place before the Collector in the encroachment proceeding.
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5.
Since, the petitioner has only been noticed and neither the notice is illegal, nor vague, and also has been issued by the competent Authority, who has jurisdiction, I am not inclined to interfere with the said notice.
6.
The petitioner should appear before the Authority concerned and file his objection. Once the objection is filed, it is expected that the Collector will proceed as per the provisions laid down under the Jharkhand Public Land Encroachment Act.
7.
With the aforesaid observations, this writ petition stands disposed of.
(ANANDA SEN, J.)
15th July, 2026 Prashant. Cp-2
Uploaded on 20.07.2026