2026:JHHC:9754 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3608 of 2018 ------- 1. Kaushal Kishore, aged about 44 years, son of Late Ramjee Singh. 2. Smt. Kiran Devi aged about 46 years wife of Sri Nirmal Kumar both are residents of village Chuttu, P.O. Neori Vikas, P.S. BIT Mesra, Dist. Ranchi. 3. Smt. Neelam Prakash Verma aged about 43 years wife of Prof. Jai Prakash Verma. Resident of Vill PO 23 Bhandaro, P.S. Hirodih. Dist. - Giridih. .... Petitioner(s). Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, P.O. & P.S. Kotwali, District Ranchi. 3. The Sub-divisional Officer, P.O. & P.S. Kotwali, Dist. Ranchi. 4. The Deputy Collector Land Reforms P.O. & P.S. Kotwali, Dist. - Ranchi. 5. The Circle Officer, P.O. & P.S. Kanke, Dist. Ranchi. 6. The Road Construction Department, P.O. & P.S. Kotwali, Dist. Ranchi. 7. The Executive Engineer, Zila Parishad, P.O. & P.S. Kotwali, Dist- Ranchi. 8. Md. Mobin Ansari aged about 58 years son of Bigal @ Waris Ansari. 9. Matin Ansari aged about 39 years son of Md. Mobin Ansari. 10. Mursid Ansari aged about 35 years son of Md. Mobin Ansari. Petitioner Nos.8 to 10 residents of Village Chuttu, P.O. Neori Vikas, P.S. BIT Mesra, Dist. - Ranchi. … Respondents. ------- CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Shyam Sundar Pd. Kushwaha, Advocate For the State : Mr. Nawal Kishore Pandey, AC to SC (L&C)-I ------ 10/ 07.04.2026: Heard the learned counsel for the petitioners and the learned counsel for the respondents. 2. It is the grievance of the petitioners that the public road has been encroached and blocked by some private respondents. Thus, the petitioners and others are not able to use the same. 3. Counsel for the petitioners submits that the petitioners had file an application before the respondent No.2-Deputy Commissioner, Ranchi and the respondent No.5-Circle Officer, Ranchi but none took any interest. Thus, they have approached this Court for a direction upon the respondents to take appropriate action and to remove the encroachment. 4. Removal of the encroachment is covered by the Jharkhand Public Land Encroachment Act. Section 3 of the aforesaid act provides for initiation of proceedings. As per Section 3(1) any person can bring to the notice of the Collector by making an application about the encroachment and pray for removal of the same. Section 3(1) of the aforesaid Act reads as follows: “(1) If it appears to the Collector from an application made by any person or upon information received from any sources that any person has made or is responsible for the continuance of any encroachment upon any public land, the Collector may cause to be served upon such person a notice in the prescribed form requiring him to appear on a date which shall not be less than two weeks from the date of service of notice to show cause:-- (a) Why he should not be restrained from making such encroachment by issue of injunctions; or (b) Why such encroachment should not be removed.” 5. Since there is efficacious remedy available to the petitioners, I am not inclined to entertain this writ application. The petitioner should approach the Collector under the Jharkhand Public Land Encroachment Act by filing an appropriate application which will be considered on its own merit and will be decided after following due procedure of law. 6. With the aforesaid observations and directions, this writ petition is disposed of. (ANANDA SEN, J.) 7th April, 2026 Madhav/- Uploaded on: 09/04/2026 -2-