2026:JHHC:9589 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3634 of 2018 1. Visheshwar Prasad (Aged 51 years), son of Jamuna Prasad, resident of House No. 14 near Durga Mandir, Old Raja Garha, Dhanbad, P.O., P.S. and District-Dhanbad. 2. Salauddin Sahabaz (Aged about 34 years), son of Meer Yusuf, resident of Chatai Kulhi near Kids Garden School, P.O. and P.S. Jharia, District- Dhanbad. 3. Amit Sao (Aged 26years), son of Ashok Sao, resident of 380 near Rohit Book Centre, Raja Talaw, Jharia, P.O. and P.S. Jharia, District-Dhanbad. 4. Rabindra Sharma (Aged 43 years), son of Rambriksh Sharma, resident of Raja Tawal, Jharia, P.O. and P.S. Jharia, District-Dhanbad. 5. Vijay Sao (Aged 37 years), son of Mahendra Sao, resident of Raja Talaw Jharia, PO & PS- Jharia, District-Dhanbad. 6. Ajay Kumar Sharma (Aged about 26 years), son of Uma Shankar Sharma, resident of near Sharma Book Centre, Raja Talaw, Main Road, Jharia, P.O. and P.S. Jharia, District-Dhanbad. …. Petitioner(s) Versus 1. The State of Jharkhand. 2. Deputy Commissioner, Dhanbad, P.O., P.S. and District-Dhanbad. 3. Circle Officer Jharia, P.O., P.S. Jharia, District-Dhanbad. … Respondent(s) -------- CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Nilesh Kumar, Advocate Mr. Amit Kumar Sinha, Advocate For the State : Mr. Anuj Burman, AC to GA-IV ------ 9/06.04.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the Respondents. 2. The Petitioners in this writ petition pray to set aside the notice Dated 19.6.18 (Annexure-4) issued vide Memo No.588 under Section 3 of Bihar/Jharkhand Public Land Encroachment Act, 1956, by which the petitioners who are residing or doing their business near Raja Talaw, Jharia were show caused as to why not they be removed from the encroached area of Thana No.131, Khata No.433, Plot No.1019. 3. The Petitioners further pray to set aside the notice issued vide Memo No.6, dated 17.7.2018(Annexure- 5) under Section 6 of Bihar/Jharkhand public Encroachment Act, 1956, by which the 2026:JHHC:9589 2 Petitioner No.1 has been directed by the Circle officer, Jharia to remove the encroachment. 4. The petitioners further pray for a direction upon the concerned respondents not to dispossess them without following the procedure of law and without any scheme of rehabilitation and to maintain status quo. 5. Annexure-4, which is challenged by the petitioners is merely a notice under section 03 of the Jharkhand Public Land Encroachment Act, which was issued intimating the petitioners for initiation of encroachment case against the petitioners as the respondents wanted to remove the petitioners from area in question on the ground that the petitioners are illegally in possession. The petitioners have also challenged Annexure-5, which is the final order passed under section 06 of Jharkhand Public and Encroachment Act and by the final order, the proceeding has been decided and concluded and the petitioners have been directed to remove the encroachment. 6. The final order passed under section 6 of the Jharkhand Public Land Encroachment Act is appealable in terms of section 11 of the Jharkhand Public Land Encroachment Act. The petitioner has directly approached this Court without exhausting the remedy of appeal. 7. Since a statutory remedy of appeal is there, I am not inclined to entertain this writ petition. 8. In view of the above observation, this writ petition is disposed of. (ANANDA SEN, J.) 06.04.2026 R.Kumar