2026:JHHC:21368 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 4990 of 2026 ------- Pradeep Prasad Keshri, aged about 64 years, Son of Late Bramadev Keshri, Resident of: Village + P.O.+ P.S.: Chatrochatti, District -Bokaro, State: Jharkhand-825315. .... Petitioner(s). Versus 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, at Project Building, Dhurwa, P.O.: Dhurwa. P.S. -Jagannathpur, District - Ranchi. 2. The Deputy Commissioner, Bokaro, PO, PS & Dist.: Bokaro. 3. The Sub-Divisional Officer (SDO), Bermo (Tenughat), Bokaro, PO & PS: Bermo (Tenughat), Dist. Bokaro. 4. The Circle Officer, Gomia, Bokaro. 5. Ramchandra Nayak, Son of Late Shobhi Nayak, Resident of: Village Chatrochatti, Police Station -Chatrochatti, Post Chatrochatti, District - Bokaro, Jharkhand - 825315. … Respondents. With W.P.(C) No.1631 of 2024 1. Sudama Devi wife of Pradip Prasad Keshri, aged about 54 years, resident of village Chatrochatti, P.O.+ P.S-Chatrochatti, District-Bokaro, Jharkhand. 2. Pradeep Prasad Keshri son of Late Brahmdeo Prasad Keshri, aged about 63 years resident of Village Chatrochatti, P.O.+ P.SChatrochatti, District Bokaro, Jharkhand …. Petitioner Versus 1. The State of Jharkhand through the Deputy Commissioner, Bokaro, P.O. and P.S. Bokaro, District Bokaro. 2. Sub- Divisional officer, Bermo, P.O. and P.S. Bermo (Tenught), District Bokaro. 3. Circle Officer, Gomiya, P.O. and P.S. Gomiya, District Bokaro. 4. Block Development Officer Gomiya, P.O. and P.S. Gomiya, District Bokaro. 5. Dipak Kumar s/o unknown, Junior Engineer, P.O + P.S-Gomiya, District Bokaro. 6. Sub-Divisional Police Officer Bermo, P.O. and P.S. Bermo (Tenught), District Bokaro. 7. Officer in Charge Chatrochatti, P.O. and P.S-Chatrochatti, District-Bokaro, Jharkhand …..Respondents ------- CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ranjan Kumar, Advocate [In W.P.(C) No.4990 of 2026] Mr. Aashish Kumar, Advocate [In W.P.(C) No.1631 of 2024 For the Respondents : Mr. Ankit Kumar, AC to SC-I [In W.P.(C) No.4990 of 2026] Mr. Ranjan Kumar, AC to Sr.SC-I ------ 03/ 20.07.2026: W.P.(C) No.1631 of 2024 1. Heard the learned counsel for the petitioners and the learned counsel for the respondents in both writ applications. 2. By filing this writ petition, the petitioners pray to quash the order dated 04.03.2024 as contained in Memo No.292 (Annexure-3) passed by the respondent No.2, whereby the petitioner has been directed to demolish the structure in Khata No.03, Plot No.858 area 0.06 acres in Mouza Chatrachatti. By the aforesaid order, the Executive Engineer has been deployed as Magistrate to ensure the removal of the structure. 3. After hearing the parties, I find that the order has been passed by the respondent No.2-Sub Divisional Officer, Bermo at Tenughat. From the order, I find that there is nothing to suggest that the petitioners have been heard. Further, the order suggests that the petitioners have been termed as encroacher as according to the State, the petitioners have encroached over the land in question. 4. If the petitioners are encroacher, the proceeding has to be initiated under the provision of Section 3 of the Jharkhand Public Land Encroachment Act but no proceeding has been initiated. Only on the information of the Circle Officer, Gomia, this order has been passed. 5. If the State is trying to evict the person from a Government land or trying to demolish part of the same on the ground that the said person has encroached the Government land in question, then a proceeding under the provision of Jharkhand Land Public Encroachment Act must be initiated. Without initiating the said proceeding and following the provisions laid down under the Act and without giving an opportunity of hearing, no order can be passed for removal of the encroachment, evicting any person. 6. Since no procedure has been followed and there is violation of principles of natural justice, the impugned order dated 04.03.2024 is set aside. 7. The liberty is reserved with the respondents to initiate a fresh -2- proceeding against the petitioners in terms of the Jharkhand Public Land Encroachment Act, if they want to evict the petitioners or demolish any part of the structure. 8. With the aforesaid observations, this writ petition is allowed. W.P. (C) No. 4990 of 2026 9. The petitioner is aggrieved by the letter dated 29.03.2025 (Annexure- 3 Series), whereby the Circle Officer, Gomia requested to the Officer-in- charge, Chatrochatti Police Station to stop construction work of public drainage over the Government Land pertaining to Khata No.03, Plot No.858, Mouza Chatrochatti, District Bokaro. It has been mentioned that since there is a writ petition being W.P.(C) No.1631 of 2024 pending before the High Court of Jharkhand, appropriate steps may be taken as per law. 10. Since W.P.(C) No.1631 of 2024 has been allowed today by a reasoned order, the respondent-Circle Officer now has to take a fresh decision. Thus, the Circle Officer, Gomia is directed to take a fresh decision on the issue considering the final order passed in W.P.(C) No.1631 of 2024 and then proceed accordingly. 11. Accordingly, the impugned letter dated 29.03.2025 (Annexure-3 Series) passed by the Circle Officer, Gomia is quashed and set aside and this writ application is allowed. (ANANDA SEN, J.) 20th July, 2026 Madhav/- Uploaded on:22/07/2026 -3-