Dismissed

Md.Moiuddin And Ors. v. State of Jharkhand And Ors.

Jharkhand HC28 Nov 2022WPC/1726/2011

Case brief

AI extract

What is this about?

This is a writ petition seeking to stop eviction from government land despite a mutation in favor of petitioners' ancestors. The Court held that since title is disputed, the writ cannot interfere. The matter is remanded to authorities to remove encroachment, and the petition is dismissed.

What did the court decide?

The writ petition is dismissed. Directions are issued to the Deputy Commissioner, Godda, to take steps for removal of encroachment.

Md.Moiuddin And Ors. Vs State of Jharkhand And Ors. — Land Acquisition | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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[Civil Writ Jurisdiction] W.P.(C ) No. 1726 of 2011

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Md. Moiuddin & Ors. .... .. ... Petitioners

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Versus The State of Jharkhand & Ors. .. ... ... Respondents

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........... CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO ......... For the Petitioners : Mr. Aishwarya Prakash Jha, Advocate For the Respondents-State : Mr. Sreenu Garapati, SC-III

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The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that audio and video qualities are good.

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06/ 28.11.2022 .

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Heard, learned counsel for the parties.

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Petitioners namely, 1.Md. Moiuddin, 2.Md. Khurshid and 3.Md. Mustaq have preferred this writ petition for directing and commanding the respondents not to evict the petitioners from the land and house situated on Plot No.420, area 15 decimals of Mouza and Village- Ramkol, Thana No.457, P.S. - Hanwara, DistrictGodda in pursuance to notice sent to the petitioners by the Circle Officer, Mahagama, Godda dated 07.02.2011 in Encroachment Case No.3/2005-06 by which he has asked the petitioners to vacate the possession of the landed property mentioned above ignoring the fact that the said landed property was earlier settled with the petitioner's ancestors though an eviction proceeding under the Land Encroachment Act and after due enquiry adverse possession of the petitioner's ancestor was found on aforementioned plot of land and thereafter it was mutated in favour of the ancestor of the petitioners through Mutation Case No.3/3 of 196768, yet the same authority has passed the order of eviction under the Jharkhand Public Land Encroachment Act, which is wholly illegal, unconstitutional and wrong.

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Learned counsel for the petitioners, Mr. Aishwarya Prakash Jha has submitted, that land has been settled by the respondents long back and petitioners have been recognized by the State vide Mutation Case No.3/3 of 1967-68, as such, land encroachment proceeding cannot be initiated in the matter.

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Learned counsel for the respondents-State, Mr. Sreenu Garapati, SC-III has submitted, that counter-affidavit has been filed by Sanjay Kumar Sinha, S/o Late S.P. Singh, Block Development Officer- cum- Circle Officer, Mhagama, Godda on 18.05.2011 stating therein at para 7, which reads as follows:-

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“7.That it is humbly stated and submitted that the said lands were never settled with the ancestors of the petitioners and the earlier proceedings were initiated

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-2-

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under Section 42 of the Santhal Pargna Tenancy Act, 1949 which deals with ejectment from agricultural land and not 'Gochar Land' which is regarded as Public Land under Section 2(3) of J.P.L.E. Act, 1956. As such, the said order of sub- Divisional Officer, Godda is bad in law in M.C. Case No.3/3 of 1967-68 hence writ petition is not maintainable.”

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Learned counsel for the respondents-State, Mr. Sreenu Garapati, SC-III has further submitted, that land has never been settled to the petitioners, as such, petitioners have no right over the same.

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Since the petitioners claim over the land is being disputed by the State, this Court is not inclined to interfere with the same, as such, petitioners may take legal remedy before the competent court of law for declaring their title over the land.

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It is experienced by this Court, that large number of land encroachment proceedings are pending before this Court in which no interim order has been granted by this Court and only because the cases have been filed, the Stateauthorities are not moving ahead. Thus the cases are pending before the State with regard to encroachment of Government land.

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Under the aforesaid circumstances, the Deputy Commissioner, Godda is directed to take steps for removal of encroachment.

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The Secretary, Land Revenue Department, Government of Jharkhand is directed to look into the matter.

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Accordingly, the instant writ petition is dismissed.

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(Kailash Prasad Deo, J.)

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R.S.

Md.Moiuddin And Ors. v. State of Jharkhand And Ors.

Case brief

What is this about?

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Md.Moiuddin And Ors. v. State of Jharkhand And Ors.

Case brief

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