2026:JHHC:10542 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2408 of 2026 Mokim Sheikh, aged about 52 years, son of Late Nebbas Sk., resident of Village- Damdama, P.O.-Birkitti, P.S. Maheshpur, District- Pakur (Jharkhand). …. Petitioner -Versus- 1. The State of Jharkhand through the Secretary, Department of Home, Jail & Disaster Management, Govt. of Jharkhand, Project Bhawan, Dhurwa, P.O. & P.S. Dhurwa, District-Ranchi (Jharkhand). 2. The Secretary, Department of Forest, Environment & Climate Change, Govt. of Jharkhand, Nepal House, P.O. & P.S. Doranda, District- Ranchi (Jharkhand) 3. The Director General of Police, Government of Jharkhand, Ranchi, P.O. & P.S. Dhurwa, District- Ranchi, (Jharkhand). 4. The Commissioner, Santhal Parganas Division, Dumka, P.O. Dumka, P.S. Dumka (Town), District-Dumka (Jharkhand). 5. The Deputy Commissioner, Pakur, P.O. Pakur, P.S. Pakur (T), District- Pakur (Jharkhand). 6. The Superintendent of Police, Pakur, P.O. Pakur, P.S. Pakur (T), District- Pakur (Jharkhand). 7. The Circle Officer, Maheshpur, P.O.-Maheshpur, P.S. Maheshpur, District- Pakur (Jharkhand). 8. The Officer-in-Charge, Maheshpur P.S., P.O.-Maheshpur, P.S. Maheshpur, District- Pakur (Jharkhand) … Respondent(s) -------- CORAM: SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rajeeva Sharma, Sr. Advocate Mr. Om Prakash, Advocate For the Respondent(s) : AC to AG ------ 2/13.04.2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the Respondents. 2. Petitioner has challenged the notice dated 21.10.2025 issued by the Circle Officer, Mahespur directing the petitioner to remove the encroachments that is the huts over the land in question. 3. Learned senior counsel appearing for the petitioner submits that no proceeding was initiated, only this notice was issued directing the petitioner to remove the encroachment. 4. After hearing the parties, I find that notice was issued holding 2026:JHHC:10542 2 the petitioner an encroacher and direction has been issued to him to remove the huts, which according to the Respondents is on encroached land. It is only stated that the construction has been made by encroaching the land. From the aforesaid notice, it is not clear, whether any proper proceeding under any law has been initiated or not against the petitioner. 5. Thus, I direct the Respondents to initiate a proper proceeding under the law for eviction against the petitioner, if at all, the construction is on the government land and the petitioner has encroached the same. 6. Once a notice under law is issued against the petitioner, he should be allowed to defend his case before the authorities concerned and after hearing the parties and considering the documents produced by the petitioner, the appropriate authorities will pass reasoned order in this case. 7. In view of above observation, this writ petition is disposed of. 8. It is made clear that without following the due process of law, the petitioner cannot be evicted from the premises in question. (ANANDA SEN, J.) 13.04.2026 R.Kumar Uploaded on 18.04.2026