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Gopal Ram Ganjhu And Anr. v. The State Of Jharkhand And Ors.

Jharkhand HC14 Jun 2017WPC/3143/2017

Case brief

AI extract

What is this about?

A writ petition challenging an order of encroachments. The High Court held that the statutory remedy lies in filing an appeal before the Deputy Commissioner, who is directed to register the appeal and decide it after a hearing with consideration of a stay application.

What did the court decide?

Writ application disposed; directions issued to Deputy Commissioner to register appeal and decide it after hearing.

Gopal Ram Ganjhu And Anr. Vs The State Of Jharkhand And… — Land Acquisition | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (C) No. 3143 of 2017

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Gopal Ram Ganjhu, s/o Late Gulab Ram Ganjhu

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Rajiv Ram Ganjhu, s/o Late Padumlochan Ram Ganjhu Both are resident of Village Hutubdag, P.O. & P.S. Khunti, District-Khunti …… Petitioners Versus

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The State of Jharkhand & Others …… Respondents

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CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA

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--------For the Petitioners : Mr. Arun Kumar, Advocate For the State : Mr. Shamim Akhtar, Advocate ----------------------------

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02 / Dated : 14th June, 2017

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This writ petition has been filed for issuance of appropriate writ in the nature of mandamus directing the Deputy Commissioner to consider and register an appeal under Section 11 of Bihar Public Land Encroachment Act on the application filed by the petitioner challenging the order dated 21.04.2017 passed by respondent No.3, i.e. Circle Officer, Khunti in Encroachment Case No.02/2016-17 under Section 6 of the said Act whereby it has been held that the petitioner has illegally encroached the public land measuring 0.10 acres of Plot No.2 & 4, Khata No.64, Mouza Mahuatoli, Thana-Khunti and the petitioners have been directed to remove the said encroachment.

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2. Learned counsel appearing on behalf of the respondent/State has submitted that admittedly the order is appellable under Bihar Public Land Encroachment Act, 1956 and the petitioner can seek redressal of the grievance before the Deputy Commissioner, Khunti who is the appellate authority.

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3. Heard. If the petitioner has filed the aforesaid application before the Deputy Commissioner, Khunti challenging the aforesaid order passed by the Circle Officer, Khunti in connection with Encroachment Case No.02/2016-17, the Deputy Commissioner, Khunti shall register the appeal forthwith in accordance to the provision of the Act and after giving an opportunity of hearing pass necessary order in the matter as well as stay application, if filed by the petitioners. 4. Let a copy of this order be handed over the counsels appearing for the parties and be communicated forthwith to the Deputy Commissioner, Khunti for needful. 5. With the aforesaid observation and direction this writ application is hereby disposed off.

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(Amitav K. Gupta, J.)

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NKC

Gopal Ram Ganjhu And Anr. v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Gopal Ram Ganjhu And Anr. v. The State Of Jharkhand And Ors.

Case brief

What is this about?

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