Petitioner challenged demolition notice regarding alleged encroachment without prior statutory notice. Court dismissed petition as non-maintainable due to lack of annexed notice. Added observation on compliance with law.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.1126 of 2023
Bajrang Kumar Lakra .......... Petitioner.
-Versus-
.......... Respondents.
----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Rahul Kumar, Advocate For the Respondents: Mr. L.C.N. Shahedeo, Advocate ----- Order No.02 Date: 02.03.2023
The present writ petition has been filed for issuance of direction upon the respondents to show cause as to under what circumstance without issuing any statutory notice or declaring the petitioner to be an encroacher, they have orally directed the petitioner to vacate his residential premise. Further prayer has been made for issuance of direction upon the respondents to produce records of the encroachment proceedings (if any) initiated under the Jharkhand Public Land Encroachment Act, 2000 or any other relevant rules/law pertaining to the premises of the petitioner. The petitioner has also prayed for issuance of direction upon the respondents to grant reasonable time to the petitioner to defend himself in the encroachment proceedings, if any, initiated against his residential premise. The petitioner has further prayed for issuance of direction upon the respondents to refrain from demolishing the petitioner’s residential premise till disposal of the writ petition.
Learned counsel for the petitioner submits that the petitioner resides behind Petrol Pump, Birsa Chowk, Ranchi along with his father, mother, younger brother and sister since 2006. He along with his father sells fruits and also runs a small juice centre near his house to earn livelihood. It is further submitted that on 25th February, 2023,
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few persons claiming themselves to the officials of Ranchi Municipal Corporation came to the petitioner’s house and directed him to vacate the same failing which it would be demolished by 1st March, 2023. Such threatening given by the said persons have disturbed the petitioner and his family members, as his younger sister is studying in Ranchi University and he himself is preparing for competitive examinations.
Mr. L.C.N. Shahedeo, learned counsel for the respondents, submits that the petitioner has not annexed any notice issued by the competent authority of the district administration or Ranchi Municipal Corporation, directing him to remove the house or the fruit shop/juice centre and, therefore, the present writ petition is not maintainable.
Having heard learned counsel for the parties and keeping in view that the petitioner has not annexed any notice issued by the competent authority, directing him to remove alleged encroachment from the land/place in question, there is no need to issue any direction to the respondents in this regard. It is, however, observed that if the competent authority of the State Government/Ranchi Municipal Corporation intends to take any such step for removal of the alleged encroachment from the land/place in question, it will be taken strictly in accordance with law.
The writ petition is disposed of with the aforesaid observation.
(Rajesh Shankar, J.)
Sanjay/
Bajrang Kumar Lakra
Ranchi Municipal Corporation, Ranchi
The Municipal Commissioner, Ranchi Municipal Corporation, Ranchi
Rajesh Shankar
As recorded by the court registry
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