Disposed¶18

Seventh Day Adventist Senior Secondary School, through Its Principal Namely Anup Lakra v. State of Jharkhand

Jharkhand HC20 Jul 2026WPC/5139/2026

Case brief

AI extract

What is this about?

Jharkhand HC, W.P.(C) 5139/2026, disposed 20.07.2026, Ananda Sen J.; Seventh Day Adventist Senior Secondary School Khunti v. State of Jharkhand; encroachment removal order dated 10.07.2026, Encroachment Case No.12 of 2025-26, Circle Officer Sadar Khunti; Khata No.73, Plot No.18, 2.66 acres, Village Khunti Tola; appealability under Jharkhand Public Land Encroachment Act; Article 226 writ petition redirected to statutory appeal; stay application within two weeks; no coercive steps till six weeks.

What did the court decide?

Writ petition disposed of with directions: petitioner to file appeal within three weeks with a stay application; stay application to be taken up immediately within two weeks; no coercive steps against the petitioner till six weeks. ¶18

Seventh Day Adventist Senior Secondary School… — Writ and Judicial Review | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition may quash the order dated 10.07.2026 passed by respondent No.3 in Encroachment Case No.12 of 2025-26 directing the petitioner-School to remove encroachment within one week over Khata No.73, Plot No.18 (2.66 acres), Village Khunti Tola.

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Ratio / Principle

The Court observed that the final order passed by the Collector under the Jharkhand Public Land Encroachment Act is appealable under the Act itself, and accordingly directed the petitioner to file an appeal within three weeks along with an application for stay of the order.

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Key takeaways

If the appeal and stay application are filed, the stay application will be taken up immediately within two weeks and an appropriate order will be passed on the Interlocutory Application.ratio¶16
No coercive steps are to be taken against the petitioner till six weeks.ratio¶17

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Ananda Sen, J.) disposed of W.P. (C) No. 5139 of 2026 filed by Seventh Day Adventist Senior Secondary School, Khunti, through its Principal Anup Lakra, challenging the order dated 10.07.2026 (Annexure-6) passed by respondent No.3 in Encroachment Case No.12 of 2025-26, which directed the petitioner-School to remove encroachment within one week over Khata No.73, Plot No.18, area 2.66 acres, Village Khunti Tola, Khunti. Observing that the final order passed by the Collector under the Jharkhand Public Land Encroachment Act is appealable under the Act itself, the Court did not adjudicate the matter itself but directed the petitioner to file an appeal within three weeks together with a stay application, which would be taken up immediately within two weeks, and further stated that no coercive steps would be taken against the petitioner till six weeks.

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2026:JHHC:21358

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 5139 of 2026

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Seventh Day Adventist Senior Secondary School, Torpa Road, Khunti, PO and PS Khunti through its Principal namely Anup Lakra, Aged about 43 years, S/o Fredrick Lakra, currently Residing at Seventh Day Adventis Senior Secondary School, Torpa Road, Khunti, PO and PS - Khunti, District-Khunti (Jharkhand) .... Petitioner(s).

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Versus

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State of Jharkhand.

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Sub-Devisional Magistrate (SDM), Khunti, PO and PS Khunti, Distrcit-Khunti (Jharkhand)

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Circle Officer, Sadar Khunti, PO and PS- Khunti, District- Khunti (Jharkhand)

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… Respondents.

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CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Rahul Kumar Gupta, Advocate For the Respondents : Mr. Munna Lal Yadav, SC (L&C)-III Mr. J. Eqbal, AC to SC (L&C)-III

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------

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02/ 20.07.2026 : Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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By filing this writ petition, the petitioner prays to quash the order dated 10.07.2026 (Annexure-6) passed in Encroachment Case No.12 of 2025-26 by the respondent No.3, whereby the petitioner-School has been directed to remove the encroachment within a period of one week over the land in question i.e. Khata No.73, Plot No.18, area 2.66 acres, Village Khunti Tola, Khunti, Jharkhand.

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It is the case of the petitioner that the order has been passed under the provision of Jharkhand Land Encroachment Act. A proceeding was initiated and, thereafter, the final order has been passed against the petitioner, which the petitioner has directly challenged before this Court by filing an application under Article 226 of the Constitution of India.

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The final order passed by the Collector under the Jharkhand Public Land Encroachment Act is appealable under the Act itself. Thus, I direct the petitioner to file an appeal within three weeks from today along with an application for stay of the order. If the same is filed, the stay application will be taken up immediately within two weeks and an appropriate order will be passed on the Interlocutory Application.

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It is expected that till six weeks no coercive steps to be taken against the petitioner.

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With the aforesaid observations and directions, this writ petition is disposed of.

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(ANANDA SEN, J.)

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20^th July, 2026 Madhav/Uploaded on:22/07/2026

Seventh Day Adventist Senior Secondary School, through Its Principal Namely Anup Lakra v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Seventh Day Adventist Senior Secondary School, through Its Principal Namely Anup Lakra v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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