RANCHI, India, May 18 -- Jharkhand High Court issued the following order on April 16:
1. Heard the parties.
2. By way of filing this writ petition, the petitioner has challenged the notice as contained in Memo No. 1575 dated 18.12.2025 (Annexure-6) issued under the signature of Circle Officer, Chandwara (District- Koderma), whereby and whereunder, restriction has been imposed by the Circle Officer upon carry on any type of construction work over the land pertaining to Mouza Chandwara, Khata No. 175, Plot No. 2330, Thana No. 276 measuring an area of 1.53 acre and Mouza Chandwara, Khata No. 159, Plot No. 770, Thana No. 276 measuring an area of 3.15 acres without initiating any proceeding and without any physical verification of the land. It has further been prayed to quash the Notice dated 4.11.2025 Memo No. 1295 (Annexure-2) Notice dated 11.11.2025 Memo No. 1325 (Annexure-3) and Notice dated 17.12.2025 Memo No. 1557 (Annexure-5) issued under the signature of Circle officer, Chandwara, whereby without initiating any proceeding, the petitioner's land has been declared as Gairmazarua Khas.
3. It is the grievance of the petitioner that the petitioner is a Raiyat of the aforesaid land and was making construction over the land in question and has not encroached any public land. He further submits that without initiating any proceeding under law, the aforesaid notices have been issued.
4. Counsel for the State submits that vide Annexure-6, the respondent has only directed the petitioner to produce documents in respect of right, title, interest and possession over the land in question and it has also been directed not to make any construction till the petitioner produces all the documents.
5. From the documents and the arguments of the parties and after going through the impugned notice, I find that the respondent has only asked the petitioner to appear with necessary documents in support of the right, title and interest of the petitioner over the land in question.
6. Thus, I am not inclined to interfere with the impugned notice. The petitioner should approach the Circle Officer, Chandwara along with all the documents which are in possession of the petitioner, which prima facie establishes the right, title and possession of the petitioner over the property in question, within three weeks.
7. It is also made clear that without initiating any proceeding under law, the respondent will not take any coercive action against the petitioner including the action of demolition of any portion of the property in question. It is made clear that without complying provision of law, the petitioner cannot be declared to be an encroacher over the Government land.
8. The mandate issued by the Circle Officer, Chandwara not to make any further construction over the land in question is beyond his jurisdiction as the same is not in consonance with any law as none of the provisions of Jharkhand Public Land Encroachment Act or the Cr.P.C. has been followed in this case.
9. With the aforesaid observation and direction, this writ petition stands disposed of. Pending Interlocutory Applications, if any, also stand disposed of.
Disclaimer: Curated by HT Syndication.