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2026 DAILYLAW 2667 (JHR)

SURESH KUMAR AGRAWAL v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, STATE OF JHARKHAND

WPC/633/2026 · 2026-04-01

Rajesh Shankar

Public Interest Litigationbody2026

Judgment text

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2026:JHHC:9127-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No.633 of 2026 ----- Suresh Kumar Agrawal, son of Hari Prasad Agrawal, resident of Ward No.17, Near Mission Gate, Baliharpur, Subhash Chowk, P.O., P.S. & District Pakur, Jharkhand. .......... Petitioner. -Versus- 1. The State of Jharkhand, through the Chief Secretary, Government of Jharkhand, Project Building, Dhurwa, Ranchi. 2. The Secretary, Water Resources Department, Nepal House, Doranda, Ranchi. 3. The Deputy Commissioner, Pakur. 4. The SDM, Pakur. 5. The Circle Officer, Pakur. 6. The Union of India, through Joint Secretary, Ministry of Environment, Forest and Climate Change (ESCC), Indra Paryawaran Bhawan, Jorbag Road, New Delhi. 7. The Secretary, Ministry of Environment, Forest and Climate Change (ESCC), Indra Paryawaran Bhawan, Jorbag Road, New Delhi. .......... Respondents. ----- CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Ms. Adya Mishra, Advocate For the State : AC to AG For UOI : Mr. Prashant Kr. Singh, DSGI ----- Order No.02 Date: 01.04.2026 1. Heard learned counsel for the parties. 2. The petitioner, by instituting this public interest litigation, complains that some 19 private parties have encroached on the irrigation canal from Chachanki, Pakur to Chandpur, Pakur over a stretch of 07 kms. and the authorities are tolerating this encroachment and/or not initiating any action. 3. The petitioner has placed on record a report dated 22nd August, 2025 made by some revenue officials to the Circle Officer. The report is not quite clear and, in any event, if the petitioner 2026:JHHC:9127-DB 2 believes that there is some unauthorized encroachment, it is open to the petitioner to approach the prescribed authorities under the Jharkhand Public Land Encroachment Act, 1956. 4. Instead of approaching the proper authorities under the proper legislation, the petitioner has addressed letters to the Criminal Investigation Department, Government of India or some other authorities to look into the matter. Since the petitioner has remedies under the Jharkhand Public Land Encroachment Act, 1956, we decline to entertain this petition but leave it open to the petitioner to approach the appropriate authorities with the grievance now raised in this petition. 5. The petition is disposed of with liberty in the above terms. (M. S. Sonak, C.J.) (Rajesh Shankar, J.) 1st April, 2026 Sanjay/AKT Uploaded on 02.04.2026