2026:JHHC:8450 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1295 of 2026 ------ Navin Kumar Jain, aged about 41 years, son of Naresh Kumar Jain, Resident at 777-A, Ram Janki Mandir Gali, Simdega, PO & PS- Simdega, Dist-Simdega, Jharkhand. … … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Deputy Commissioner, Simdega, having its office at Collectorate Building, Simdega, PO, PS & Dist-Simdega, Jharkhand. 3. The Additional Collector, Simdega, having its office at Collectorate Building, Simdega, PO, PS & Dist-Simdega, Jharkhand. 4. The Sub-Divisional Officer, Simdega, having its office at Collectorate Building, Simdega, PO, PS & Dist-Simdega, Jharkhand. 5. The Circle Officer, Simdega, having its office at Circle Office, Simdega, PO, PS & Dist-Simdega, Jharkhand. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rahul Kumar, Advocate For the Respondent(s) : Mr. Prashant Kr. Rai, AC to SC (L&C)-I ------ 03/ 25th March, 2026 1. On the request of both the parties, the matter has been taken up today for final disposal. 2. Heard the parties. 3. The learned counsel for the petitioner submits that without a proper hearing, the Circle Officer, Simdega, has ordered eviction of the petitioner, holding the land to be encroached. It is his contention that though a Notice under Section 3 of the Jharkhand Public Land Encroachment Act was issued to the petitioner yet even after receipt of the detailed reply, no proper hearing was given and neither the defense has been considered, while passing the impugned order. The impugned order is absolutely cryptic and is in violation of principle of natural justice, thus the same needs to be set aside. The learned counsel for the petitioner further submits that the petitioner is running a shop over the said land and is earning his livelihood. The shop is there since 1996 and the petitioner now cannot be said to be an encroacher. He pays rent 2026:JHHC:8450 2 also over the said land. 4. Learned counsel appearing on behalf of the State submits that the Circle Officer, relied upon an order passed in Miscellaneous Case No.06/2022 and considered the land to be public land and thus, ordered for removal of the encroachment. 5. After hearing the parties, I find that a Notice under Section 3 Jharkhand Public Land Encroachment Act, was issued to the petitioner, which is at Annexure-7 to this writ petition. The petitioner filed his detailed reply challenging the notice. Thereafter, the Circle Officer, Simdega, who is the Collector under the Jharkhand Public Land Encroachment Act, passed an order dated 24.01.2026 (Annexure-9), holding that the petitioner is an encroacher and he has to remove the encroachment. 6. After going through the impugned order in Case No.24/2025-26 dated 24.01.2026, I find that the Circle Officer has held that in Misc. Case No.06/2022 it has been held that the land belongs to the Government, thus, the petitioner is an encroacher and he has to remove the encroachment. Except the aforesaid finding, there is no other finding in the impugned order. The defense of the petitioner that he was paying rent and had possession of the property since 1996 and the same was settled to the petitioner, have not even been considered by the Circle Officer, Simdega. 7. Further, it is clear that the petitioner was not a party in Misc Case No.06/2022. Since the petitioner was not a party, it is also to be decided as to whether the said order can be applicable so far as this petitioner is concerned or not. 8. Two paragraph order of the Circle Officer is absolutely cryptic and does not even deal with the defense of the petitioner, which ought to have been. Thus, having no other alternative, I am inclined to allow this application by setting aside the order dated 24.01.2026 passed in Case No.24/2025-26 and remand the matter to the Circle Officer, Simdega, to pass a detailed order with reasons, after hearing the petitioner in terms of Section 5 of the Jharkhand Public Land Encroachment Act. 9. The petitioner will appear before the Circle Officer, 2026:JHHC:8450 3 Simdega on or before 15.04.2026 along with the copy of this order, when the Circle Officer will fix a date of hearing and revive the proceeding. 10. Accordingly, this writ petition stands Allowed. (ANANDA SEN, J.) 25.03.2026 S.K.D/CP-2 Uploaded on 26.03.2026