JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the notice dated 07.01.2021 (Annexure-2 to the writ petition) issued by the respondent No. 3 under sub-section (2) of Section 6 of the Bihar (Now Jharkhand) Public Land Encroachment Act, 1956 [hereinafter referred to as ‘the Act 1956’] in B.P.L.E. Case No. 14/2020-21 directing the petitioner to remove the alleged encroachment from the land appertaining to Khata No. 158, Plot No. 13, Mouza-Byangbil, Ward/Thana No. 1184, P.S. Sundarnagar, District-East Singhbhum, measuring an area of 10’ x 10’ sq. feet in pursuance of order passed by the respondent No. 3 under clause (c) of sub-section (1) of Section 5 of the Act, 1956. Further prayer has been made for issuance of direction upon the respondent No. 2 to dispose of B.P.L.E. Appeal No. 26/2021 preferred by the petitioner on 21.08.2021 challenging initiation of B.P.L.E. Case No. 14/2020-21 as well as the notice dated 07.01.2021 issued in the said case by the respondent No. 3, which is pending before the respondent No. 2.

2. Learned counsel for the petitioner submits that the respondent No. 3 initiated B.P.L.E. Case No. 14/2020-21 on 27.10.2020 against the petitioner without serving any notice to him. The petitioner came to know about initiation of the said case only on 18.08.2021 when a copy of the impugned notice dated 07.01.2021 contained in Form-II was handed over to him by the Circle Inspector and Karamchari of the Circle Office, Jamshedpur. It is further submitted that the petitioner is running a shop in the premises in question and his business has been duly recognized by the Department of Commercial Taxes, Government of Jharkhand. The petitioner has also been provided electricity in his name. It is also submitted that being aggrieved by the impugned notice dated 07.01.2021 issued by the respondent No. 3, the petitioner has preferred an appeal being B.P.L.E. Appeal No. 26/2021 before the respondent No. 2 on 21.08.2021 wherein he has also prayed for staying operation of the impugned notice dated 07.01.2021 issued by the respondent No. 3, during pendency of the said appeal. The said appeal is still pending consideration before the respondent No. 2 and in the meantime, the respondent No. 3 is taking coercive steps against the petitioner for evicting him from the premises in question. The petitioner thus apprehends that the respondent No. 3 may forcibly evict him from the premises in question even during pendency of the said appeal before the respondent No. 2.

3. Ms. Sunita Kumari, learned AC to GP-I appearing on behalf of the respondents, submits that since B.P.L.E. Appeal No. 26/2021 preferred by the petitioner is pending consideration before the respondent No. 2, the present writ petition is not maintainable at this stage.

4. Having heard learned counsel for the parties and keeping in view that the petitioner has already preferred an appeal being B.P.L.E. Appeal No. 26/2021 before the respondent No. 2 challenging initiation of B.P.L.E. Case No. 14/2020- 21 as well as the impugned notice dated 07.01.2021 issued in the said case by the respondent No. 3, the respondent No. 2 is directed to take up the said appeal by 29.10.2021 and to pass appropriate order on the interim relief sought by the petitioner in the said appeal.

5. The present writ petition is accordingly disposed of with the aforesaid direction.