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2026 DAILYLAW 20861 (JHR)

SEVENTH DAY ADVENTIST SENIOR SECONDARY SCHOOL, THROUGH ITS PRINCIPAL NAMELY ANUP LAKRA v. STATE OF JHARKHAND

WPC/5139/2026 · 2026-07-20

Sri Ananda Sen

body2026

Judgment text

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2026:JHHC:21358 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5139 of 2026 ------- Seventh Day Adventist Senior Secondary School, Torpa Road, Khunti, PO and PS Khunti through its Principal namely Anup Lakra, Aged about 43 years, S/o Fredrick Lakra, currently Residing at Seventh Day Adventis Senior Secondary School, Torpa Road, Khunti, PO and PS - Khunti, District-Khunti (Jharkhand) .... Petitioner(s). Versus 1. State of Jharkhand. 2. Sub-Devisional Magistrate (SDM), Khunti, PO and PS Khunti, Distrcit-Khunti (Jharkhand) 3. Circle Officer, Sadar Khunti, PO and PS- Khunti, District- Khunti (Jharkhand) … Respondents. ------- CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rahul Kumar Gupta, Advocate For the Respondents : Mr. Munna Lal Yadav, SC (L&C)-III Mr. J. Eqbal, AC to SC (L&C)-III ------ 02/ 20.07.2026: Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. By filing this writ petition, the petitioner prays to quash the order dated 10.07.2026 (Annexure-6) passed in Encroachment Case No.12 of 2025-26 by the respondent No.3, whereby the petitioner-School has been directed to remove the encroachment within a period of one week over the land in question i.e. Khata No.73, Plot No.18, area 2.66 acres, Village Khunti Tola, Khunti, Jharkhand. 3. It is the case of the petitioner that the order has been passed under the provision of Jharkhand Land Encroachment Act. A proceeding was initiated and, thereafter, the final order has been passed against the petitioner, which the petitioner has directly challenged before this Court by filing an application under Article 226 of the Constitution of India. 4. The final order passed by the Collector under the Jharkhand Public Land Encroachment Act is appealable under the Act itself. Thus, I direct the petitioner to file an appeal within three weeks from today along with an application for stay of the order. If the same is filed, the stay application will be taken up immediately within two weeks and an appropriate order will be passed on the Interlocutory Application. 5. It is expected that till six weeks no coercive steps to be taken against the petitioner. 6. With the aforesaid observations and directions, this writ petition is disposed of. (ANANDA SEN, J.) 20th July, 2026 Madhav/- Uploaded on:22/07/2026