ORDER :

1. This case is taken up through video conferencing.

2. At the request of learned counsel for the petitioners, the defects, as pointed out by the office, is ignored for the present.

3. The present writ petition has been filed for quashing the letters/notices dated 3rd September, 2021 (Annexure-2 series to the writ petition) issued to the petitioners under the signature of the Circle Officer, Daru-respondent no. 4, whereby the said respondent has ordered for demolition of the residential houses of the petitioners on 13th September, 2021 i.e. today, as according to him, the petitioners did not submit relevant revenue documents relating to the land in question. The petitioners have also made other related prayers.

4. Mr. Binod Singh, learned counsel for the petitioners, submits that the land appertaining to Khata No. 77, plot nos. 153 and 70, measuring an area of 3.33 acres of village Jinga, P.O. Maheshra, P.S. Daru, District Hazaribagh has been recorded in the name of Khuslal Mahto, son of Thanu Mahto, as would be evident from the Register-II being maintained in the State Government’s web portal. Ignoring the said fact, the respondent no. 4 issued notices to the petitioners under Section 3 of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (hereinafter to be referred as ‘the Act 1956’) calling upon them to show the revenue documents before him. It is further submitted that the petitioners have already submitted required documents before the respondent no. 4 pursuant to the notices issued to them, however, the said respondent is not taking note of those documents and has issued the impugned notices dated 3rd September, 2021 for demolition of the residential houses of the petitioners. It is also submitted by the learned counsel for the petitioners that the land in question cannot be said to be the public land so as to initiate a proceeding under the provisions of the Act, 1956.

5. Mr. Mohan Kumar Dubey, learned A.C. to A.G. appearing on behalf of the respondents submits that prior to issuance of the impugned notices dated 3rd September, 2021, the respondent no. 4 had also issued several notices to the petitioners, however, they did not respond to the same, which led to issuance of the impugned notices dated 3rd September, 2021.

6. Heard learned counsel for the parties and perused the contents of the writ petition.

7. On perusal of different notices issued in the year 2020-2021, it appears that the respondent no. 4 has observed inter-alia that despite receipt of the notices in Form-I and Form-II prescribed under the Act, 1956, the petitioners neither submitted revenue documents nor removed the encroachment. It further transpires from the said notices that certain verbal order was given to the petitioners to remove the alleged encroachment from the land in question. The petitioners have also been restrained from making any construction over the said land till any order is passed by him in encroachment case.

8. It, thus, appears that the respondent no. 4 has not passed final order in the concerned encroachment cases. Hence, the petitioners are directed to file relevant revenue documents showing their lawful possession over the land in question by 28th September, 2021 and on filing of the said documents within the aforesaid period, the respondent no. 4, after considering the same and on providing due opportunity to the petitioners/their representatives, shall take an appropriate informed decision in terms with the provisions of the Act, 1956 as expeditiously as possible preferably within a period of four weeks thereafter.

9. Till the said order is passed by the respondent no. 4 in the concerned land encroachment cases, no coercive step shall be taken against the petitioners with respect to the land in question. The petitioners shall cooperate in timely disposal of the land encroachment cases.

10. The writ petition is, accordingly, disposed of with the aforesaid directions.