Dwarika Mahto vs State Of Jharkhand

Gautam Kumar Choudhary, J

Instant writ petition has been filed under Article 226 of the Constitution of India for a direction to stay the operation of notices issued by respondent no.4 on 07.01.2025 and 10.01.2025 under Section 3 of Jharkhand Public Land Encroachment Act to remove the encroachment over the land pertaining to Mauza Markacho, Khata No.402, Plot No.6232, area 702 square feet.

It is submitted by learned counsel that the said notices were issued during the pendency of Original Suit No.32 of 2022 filed by the vendor of the petitioners impleading the petitioners for eviction. During the pendency of writ petition, final order has been passed under Section 6 for removal of the encroachment from which the petitioners apprehends demolition and eviction.

Petitioners have alternative remedy of appeal and seeks protection from demolition during the period in which he seeks to file the appeal against the order passed on 05.04.2025 by the Circle Officer, Markacho.

Learned counsel on behalf of State submits that a detailed counter affidavit has been filed from which it will be evident that the petitioners have no right or title over the property.

Having considered the submissions, it is manifest that this writ petition is not maintainable and as, alternative remedy is available to the petitioners. However, status quo will be maintained for the period of limitation i.e. 60 days till the petitioners moves before the appellate authority.

Writ petition stands disposed of. Interlocutory Application, if any, is disposed of.