Disposed

Rajendra Singh v. State of Jharkhand

Jharkhand HC2 Jul 2018WPC/3062/2018

Case brief

AI extract

What is this about?

Writ petition filed to quash proceedings and a statutory notice for alleged land encroachment under the Bihar Public Land Encroachment Act. The Court directed the petitioner to file a reply and stayed action on removal of alleged encroachment pending final order.

What did the court decide?

Petitioners directed to file reply within two weeks; no action for removal of alleged encroachment to be taken till final order.

Rajendra Singh Vs State of Jharkhand — Writ and Judicial Review | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 3062 of 2018

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Rajendra Singh

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Ram Ratan Singh

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Pawan Kumar Singh ... … Petitioners

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Versus

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The State of Jharkhand

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The Deputy Commissioner, Chatra

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The Circle Officer, Chatra-cum-Collector under Bihar Public Land Encroachment Act, 1956 … … Respondents

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… … Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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----- For the Petitioners : Mr. Saibal Mitra, Advocate Mr. Bijay Kumar Sinha, Advocate For the State : Mr. Vineet Prakash, AC to SC (L&C) -----

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Order No. 02 Dated: 02.07.2018

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The present writ petition has been filed for quashing the entire proceeding initiated against the petitioner including the notice dated 04.06.2018 (Annexure-4 to the writ petition) issued by the respondent No. 3– the Circle Officer, Chatra-cum-Collector under Bihar (now Jharkhand) Public Land Encroachment Act, 1956, with respect to the petitioners’ land situated at Khata No. 8, Plot No. 425 having an area of 48 decimal at Village-Arki, District-Chatra.

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2. The learned counsel for the petitioners submits that a doubtful jamabandi case was initiated by the respondent no. 3 against one Birendra Prasad being Jamabandi Case No. 3 of 2000-01. After considering the entire matter, the said proceeding was dropped by the respondent no. 3, vide order dated 28.07.2000 releasing the said land from doubtful jamabandi. Thereafter, the petitioners purchased the said land from Birendra Prasad vide registered sale-deed dated 30.05.2003 and the same was subsequently mutated in favour of the petitioners and correction slip to that effect was also issued by the concerned circle office. Despite the said fact, the respondent no. 3 has issued the impugned notice dated 04.06.2018 alleging inter alia that the petitioners have encroached a pond to the extent of 2.56 decimal and have been called upon to submit the relevant documents, failing which appropriate action for removal of encroachment over the

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pond would be taken.

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3. The learned AC to SC (L & C) submits that the present matter involves a factual determination and as such, the present writ petition is not maintainable. However, if the petitioners file their reply along with the relevant documents, the same will be considered by the respondent no. 3 and appropriate order will be passed.

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4. Having heard the learned counsel for the parties and looking into the contents of the writ petition, the petitioners are directed to file their reply pursuant to the notice dated 04.06.2018 issued by the respondent no. 3 within two weeks from today. The respondent no. 3, on receipt of said reply shall take up the matter and on verifying the relevant documents, shall pass appropriate order in this regard. Till the final order is passed by the respondent no. 3 in pursuance of the notice dated 04.06.2018, no action shall be taken against the petitioners for removal of the alleged encroachment from the land in question.

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5. The writ petition is disposed of with aforesaid liberty and direction.

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(Rajesh Shankar, J.)

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Manish

Rajendra Singh v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajendra Singh v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

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