Wakar Khan v. the State of Jharkhand
Case brief
What is this about?
The High Court of Jharkhand set aside an order directing petitioners to remove encroachment on public land. The court held that the designation required the officer to initiate proceedings under the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 and afford a hearing before passing such an order.
What did the court decide?
The notice dated 23.05.2018 issued by respondent no. 4 is set aside. Respondent no. 4 is at liberty to initiate appropriate proceedings under the Act, 1956 and proceed in accordance with law.
What the court decided
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2799 of 2018
- Wakar Khan
- Kamruddin Kha
- Kaum Khan ... … Petitioners
Versus
- The State of Jharkhand
- The Dy. Commissioner, Hazaribagh
- The Deputy Collector Land Reforms, Hazaribagh
- The Circle Officer, Chauparan, Hazaribagh… … Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioners : Mr. Manoj Prasad, Advocate Mr. Santosh Kumar Soni, Advocate For the State : AC to GA-III -----
Issues for consideration
2 issues framed by the court
Whether an order directing petitioners to remove encroachment without initiating proceedings or affording an opportunity of hearing under the Bihar (now Jharkhand) Public Land Encroachment Act, 1956,
Whether the citizen's complaint alone warranted initiating immediate encroachment proceedings under the Act, 1956 without a hearing.
Parties & counsel
- petitioner
Wakar Khan
- petitioner
Kamruddin Kha
- petitioner
Kaum Khan
- respondent
The State of Jharkhand
- respondent
The Dy. Commissioner, Hazaribagh
- respondent
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · July
- Registered
- Case no.
- WPC/2799/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court