This judgment dismisses a writ petition challenging a three-day notice to remove an encroachment. The court held the petition infructuous as the notice expired long ago and no encroachment work remained to be adjudicated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (C) No. 4615 of 2017
Kanhai Soni .…… Petitioner
Versus
1.The State of Jharkhand. 2. Deputy Commissioner, Lohardaga. 3.Sub-Divisional Officer, Lohardaga. 4.Circle Officer, Lohardaga (Sadar). …… Respondents
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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
---------- For the Petitioner : None For the Respondents : A.C to A.A.G -----------
2/Dated: 6th July, 2019
None appears for the petitioner.
Learned counsel for the State has appeared.
Having heard learned counsel for the State and going across the pleading made in the writ petition as also the notice dated 02.08.2017 which is under challenge, whereby and whereunder the petitioner has been asked to vacate the entire premises by clearing the encroachment.
Learned counsel for the State has submitted that since notice has been issued against the petitioner for removing the encroachment, therefore, it would be just and proper to direct the petitioner to satisfy the concerned authority regarding his rightful claim over the land in question in spite of interfering in the merit of the notice.
This Court after having heard learned counsel for the State and also the pleading made in the writ petition is of the view that the petitioner has questioned the notice dated 02.08.2017 whereby and whereunder the petitioner has been asked to remove the encroachment within three days but after perusal of the same, since the encroachment has not been removed rather further construction has been made, therefore, notice has been issued by the Circle Officer, Lohardaga to remove the encroachment within three days from the date of issuance of notice and the said notice was issued way back in the year 2017 as such the period of three days as stipulated in the notice since expired long back as such nothing remains to be adjudicated.
In view thereof, the writ petition is dismissed being infructuous.
(Sujit Narayan Prasad, J.)
Saket/-
1 issue framed by the court
Whether the writ petition challenging the notice to remove encroachment is maintainable after the stipulated time period has expired and no action remains to be taken.
Kanhai Soni
State of Jharkhand
Sujit Narayan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
