Before the writ court, counter affidavit has been filed by the respondents inter alia stating therein about the encroachment over the land in question which warranted the competent authority to issue notice for removal of encroachment and prior to that, an opportunity has been granted to put forth the relevant documents in support of the ownership of the land in question and in view thereof, Circle Officer, Nirsa has made a communication to the Officer-incharge, Nirsa for removal of the encroachment and as such, there if no infirmity in the aforesaid notice. However, learned Single Judge while disposing of the writ petition, has already granted liberty to the writ petitioner to put forth all the relevant documents before the Circle Officer for passing an appropriate order and if it is found after perusing the relevant documents, the notice as issued on 06.04.2015, has been directed to be recalled. 4. The aforesaid order has been challenged by the writ petitioner/appellant inter alia on the ground that there is no encroachment over the land in question and further, proceeding as required to be initiated under the provisions of the Jharkhand Public Land Encroachment Act (hereinafter to be referred to as the Act) has not been initiated and as such, before coming to the conclusion about encroachment over the land in question, the Circle Officer has come to a finding
