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2026 DAILYLAW 6249 (JHR)

PRAMOD SINGH v. THE STATE OF JHARKHAND

WPC/2413/2026 · 2026-04-13

Sri Ananda Sen

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:10544 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2413 of 2026 1. Pramod Singh, aged about 55 years, son of Late Chandeshwari Singh, 2. Murti Devi, aged about 71 years, wife of Late Vishwanath Goswami, 3. Janeshwar Saw, aged about 71 years, son of Late Subedari Saw, 4. Smt. Sharda Devi, aged about 59 years, wife of Dinanath Jaiswal, 5. Raju Swarnkar, aged about 47 years, son of Late Janardan Prasad, 6. Moshafir Prasad, aged about 59 years, son of Late Chandrika Yadav, 7. Ravi Kumar, aged about 40 years, son of Late Suresh Prasad, All residents of Village Hariharganj @ Satgawan, P.O. and P.S. Hariharganj, District Palamau (Jharkhand). … Petitioners Versus 1. The State of Jharkhand 2. The Deputy Commissioner, Palamau, P.O. and P.S. Daltonganj, District- Palamau, 3. The Additional Collector, Palamau, P.O. and P.S. Daltonganj, District- Palamau, 4. The Land Reforms Deputy Collector, Palamau, P.O. and P.S. Daltonganj, District- Palamau, 5. The Sub-Divisional Officer, Chhattarpur, P.O. and P.S. Chhattarpur, District- Palamau, 6. The Circle Officer, Hariharganj, P.O. and P.S. Hariharganj, District- Palamau. .... Respondents -------- CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rahul Kr. Gupta, Advocate Mr. Pankaj Kr. Dubey, Advocate Mrs. Rupa Kumar, Advocate For the Respondent(s) : AC to AG ------ 2/13.04.2026 Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. 2. Petitioners are challenging the order dated 20.09.2024 passed by Deputy Commissioner, Palamau in Encroachment Appeal Case No.XV/11/2023-24 contained in Annexure-4 to this Writ Petition by which the Respondent No.2 has confirmed the order passed by the Respondent No.6 i.e. Circle Officer, Hariharganj in Encroachment Case No. 02/2022-23 on 09.05.2023 whereby and whereunder the Circle Officer, Hariharganj has been pleased to order to the Petitioners to vacate the alleged encroached land measuring an area of 0.41 Acres 2026:JHHC:10544 2 appertaining to R.S. Khata No.253 of Plot No.1852 situated at Satgawan @ Hariharganj, P.S. Hariharganj, District Palamau and as the Circle Officer, Hariharganj i.e. Respondent No.6 has illegally demolished the houses of the Petitioners on 23.09.2025, the Petitioners pray for restoration of their possession on the basis of Jamabandi and rent receipt. 3. Initial an order was passed, exercising jurisdiction under the Jharkhand Public Land Encroachment Act, whereby the petitioners have been declared to be encroacher and direction was given to remove the encroachment. 4. It is the case of the petitioners that they are the owners of the land in question and they cannot be said to be encroacher. In course of argument, Mr. Rahul Gupta, learned counsel fairly submits that now the respondents have already demolished the constructions. 5. Considering the fact the State has taken a view that the lands belong to the State and the petitioners are declared encroachers and the fact that the constructions have already been removed, I direct the petitioners to approach the Civil Court of competent jurisdiction praying for declaration of right, title and interest over the lands in questions. Once the petitioners file their case, the same will be registered as suit and thereafter the same will be decided on its own merit based on the documents available. 6. With the aforesaid observation, this writ petition is disposed of. (ANANDA SEN, J.) 13.04.2026 R.Kumar