The central legal point established in the judgment is the requirement for establishing right, title, and ownership in cases of alleged encroachment of public land, and the availability of the remedy of appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956.

Aparesh Kumar Singh, J. - Heard learned counsel for the parties.

2. On 19th May, 2016 when the matter was taken up, the following order was passed taking note of the plea of the petitioners that without initiation of any proceeding or order of competent authority, steps are being taken to demolish the residential structures on the plots enumerated therein in terms of notice dated 29th April, 2016 (Annexure-4) issued under Section 6(2) of Bihar Public Land Encroachment Act, 1956 (Now Jharkhand) also impugned herein.

"The matter was adjourned for today to enable the counsel for the State Government to seek instructions in the matter as the petitioners alleged that without initiation of any proceeding or order of competent authority, steps are being taken to demolish the residential structures of the petitioners standing on Plot nos. 357, 358, 362, 364, 365P, 366, 296, 297, 299, 305, 205, 206, 207, village-Hehal, P.S.- Sukhdeo Nagar, District-Ranchi. Challenge has also been made to notice dated 29th April, 2016 (Annexure-4) issued under Section 6(2) of Bihar Public Land Encroachment Act, 1956 (as adopted by the State of Jharkhand.)

Learned counsel for the State submits, on instructions, that to the knowledge of Circle Officer, Hehal, Ranchi no notice prior to issuance of the impugned notice have been issued upon the petitioners in the matter of removal of public encroachment. He however seeks time to file counter affidavit in the matter. Accordingly, 3 weeks' time is allowed for the said purpose.

In the meantime, the respondent are restrained from taking any coercive steps pursuant to the impugned order at Annexure-4 dated 29th April, 2016.

Counsel for the State would inform the respondent authorities today itself on phone of the instant order.

List this case after 3 weeks i.e. on 16th June 2016 before which date Respondent-State should file their affidavit as per the standing order."

3. The respondents thereafter have filed counter affidavit and supplementary counter affidavit as well. It is the specific stand of the respondents that on getting information from the Executive Engineer, Drinking Water and Sanitation Department, Govt. of Jharkhand, Ranchi that the acquired lands of Kanke Dam have been permanently encroached and used by some people, the land was measured by Anchal Amin and Amin of District Land Acquisition Office. On measurement of acquired lands of Kanke Dam of Mouza-Hesal, Kathar Gonda and Pandra etc., it was found that about 100-150 people have encroached upon the public land of Kanke Dam. On the basis of the measurement report of the Amin, Encroachment Proceeding no. 01 of 2016 & shy; 17, State v. Gunanand Mahto and others, was initiated in the Court of Circle Officer, Hehal. The Circle Officer, Hehal passed an order to issue a general notice against the earmarked persons and unknown persons for removal of encroached lands under Section 3 of the Act of 1956 and place the matter on 29th April, 2016. These encroachers had also been informed and directed to remove their encroachments through local daily newspaper. In spite of such notice and information, they neither removed the encroachments from the said public by themselves nor produced any documents in support of their claims over the lands in question. Thereafter on 29th April, 2016, steps were taken for removal of encroachments from the said public land under Section 6(2) of the Act of 1956, fixing the date of removal of encroachment on 6th May, 2016. Magistrate and police force were deputed for the said purpose.

4. Respondents have enclosed the paper cutting through which notice was published for removal of encroached lands under Section 3 of Bihar Public Land Encroachment Act, 1956 (Now Jharkhand) and individual notices were issued to all encroachers also which are annexed as Annexure: D Series to supplementary counter affidavit.

5. Petitioners have filed their rejoinder affidavit to that and alleged that they were not made party in Encroachment Proceeding no