JUDGMENT :

RAJESH SHANKAR, J.

1. The case is taken up through Video Conferencing.

2. The present writ petition has been filed for quashing the order dated 25.09.2021 passed by the respondent No. 5 in Encroachment Case No. 05/2020- 21 (Annexure-5 to the writ petition) holding inter-alia that the petitioner is an encroacher of the land appertaining to Plot No. 466 (Part), Khata No. 67, Mouza-Chaupa, Thana No. 789, P.S. Mohanpur, District-Deoghar, measuring an area of 4.92 Acres and has directed him to remove the alleged encroachment within ten days.

3. Learned counsel for the petitioner submits that the petitioner had earlier filed the writ petition being W.P. (C) No. 1707/2021 before this Court challenging the notice dated 05.12.2020 issued by the respondent No. 5 under Section 3 of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (hereinafter referred to as ‘the Act 1956’) informing inter-alia that the petitioner was making construction over the said land and was accordingly called upon by the said respondent to appear in his office with relevant documents to explain as to why appropriate action should not be taken against him under the provisions of the Act, 1956. The said