The central legal point established in the judgment is the emphasis on the statutory provisions of the Jharkhand Public Land Encroachment Act, 1956, and the requirement for the Collector to follow a prescribed procedure for the removal of encroachments on public land.

Heard counsel for the parties.

2. Petitioner, an Advocate practicing in the Judgeship of Gumla, has preferred this Public Interest Litigation for removal of encroachment caused by the Respondent No. 5 on a public road/land as it causes inconvenience to the general public of the locality. He has also averred that though, he resides in the locality but he has no personal interest, direct or indirect, in the subject matter of Public Interest Litigation. The land over which encroachment is alleged is situate at Khata No. 429, Plot No. 676, Thana No. 59 of Mouza Gumla, having an area of 38 decimal said to be recorded as Gairmajarua Aam Land in the Record of Rights. Petitioner contends that the land has been used as a road by the people of locality which connects important places like Civil Court, S.D.O. Office, D.C. Office within the locality.

3. Earlier, vide order dated 02.02.2017, notices were issued upon the Respondent State Officials as well as Respondent No. 5. State has appeared and filed a counter affidavit and thereafter a supplementary counter affidavit on 14.07.2017. The stand of the State, as contained in the counter affidavit, is to the effect that the public road has not been encroached and is being used by the public without any disturbance over an area of 0.10 ¼ acre out of total area of 0.38 acre. In reply to the averments made at para-7 of the writ petition, it is stated that the Respondent No. 5 has constructed a building over 0.20 acre of Gairmajarua land. It has been further stated that a pipeline has been installed just behind the building of Respondent No. 5. Further, a drain is existing on the other side of road from the building of Respondent No. 5 on the side of west and south. It is also their contention at para-19 that except the petitioner, nobody else has filed any objection. The Circle Officer, Gumla has issued a show-cause notice on Respondent No. 5 on complaints filed by the petitioner. In response to the statements made at para-16 of the writ petition, it is stated that the land has not been settled to the Respondent No. 5 as it is a Gairmajarua Aam Land.

Since the instant affidavit was not supported by any enclosures including the show-cause notice, indicating the nature of proceedings initiated, Respondent State were asked to file a comprehensive stand. Thereafter, a supplementary counter affidavit was filed wherein it has been stated that a Demarcation Case No. 33/2015 was initiated by the Circle Officer, Gumla in which Respondent No. 5 was noticed. In view of pendency of this PIL, he had stayed the proceedings on 29.01.2016 till further orders of this Court. Petitioner is fully aware of the Demarcation proceedings pending before the Circle Officer, Gumla since 2015. Notice and order sheet of Demarcation Case No. 33/2015 is also enclosed.

4. Learned counsel for the State submits that the procedure, as established by law, should be followed by the competent authority in case, any encroachment is found on the public land by anyone.

5. Learned counsel for the Respondent No. 5 submits that the instant petition is motivated and is not in the nature of Public Interest Litigation. Petitioner has also some nexus with the instant issue. Therefore, the writ petition should not be entertained at first instance.

6. We have noticed the pleadings on record above. The stand of the Respondent State indicates that the proceeding is underway for demarcation in the background facts as contained in their first counter affidavit. Section 3 of Jharkhand Public Land Encroachment Act, 1956, which relates to initiation of the proceedings for removal of encroachment on public land, reads as under:

“3. [Initiation of the proceedings.- (1) If it appears to the Collector from an application made by any person or upon information received from any sources that any person has made or is responsible for the continuance of any encroachment upon any public land, the Collector may cause to be served upon such person a notice in t