Dismissed

Kapildeo Singh v. the State of Jharkhand

Jharkhand HC12 Mar 2024WPC/3610/2019

Case brief

AI extract

What is this about?

Petitioner sought quashing of a notice directing removal of alleged encroachment on public land in Koderma, contending it was issued without initiating an encroachment case and that he owns adjacent raiyati land. Court found an encroachment case existed and held the possession dispute is a factual matter unfit for writ jurisdiction; petition dismissed with liberty to approach civil court.

What did the court decide?

None granted; liberty to petitioner to approach civil court for establishing right, title and interest.

Kapildeo Singh Vs the State of Jharkhand — Landlord and Tenant | Jharkhand HC (2024)

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W.P.(C) No.3610 of 2019

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3610 of 2019

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------

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Kapildeo Singh, aged about 46 years, son of Harihar Singh, resident of Village – Pathaldiha, P.O., P.S. & Dist.- Koderma.

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… Petitioner

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Versus

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The State of Jharkhand

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The Deputy Commissioner, Koderma, P.O., P.S. & Dist.- Koderma.

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Land Reforms Deputy Commissioner, Koderma, P.O., P.S. & Dist.Koderma.

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Circle Officer-cum-Collector, Land Encroachment, Koderma, P.O., …

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P.S. & Dist.- Koderma. Respondents

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For the Petitioner : Mr. Sahil, Advocate For the Resp.- State : Mr. Jayant Franklin Toppo, GA V Ms. Moushmi Chatterjee, AC to GA V For the Intervener : Mr. Alok Anand, Advocate Mr. Ashish Kumar, Advocate Mr. Ramesh Kr. Singh, Advocate ------

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- I.A. No.8033 of 2019

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Heard the parties.

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Learned counsel for the intervener submits that this interlocutory application has been filed with a prayer to implead the intervener as party respondent of this Writ Petition.

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It is submitted by the learned counsel for the intervener inter alia that the

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intervener made an application to the respondent No.2 on 30.05.2017

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requesting him to restrain the petitioner to make any construction/encroachment upon the Gair Majaruwa Aam land which otherwise, has been used for public purpose. The petitioner earlier filed W.P.

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W.P.(C) No.3610 of 2019

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(C) No.1770 of 2018 after concealing the facts in which the co-ordinate Bench allowed the petitioner to file reply. The intervener can assist the Court as he is armed with relevant documents in respect of a prayer to prevent encroachment of a public land as the petitioner has filed this Writ Petition by concealing material facts claiming title on the basis of Saada Hukumnama and fraudulent rent receipts.

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Learned counsel for the petitioner objects to the prayer to implead the intervener as party respondent on the ground that the claim of the intervener that he submitted an application to the respondent No.2 for restraining the petitioner to encroach upon the public land, is not true hence, the intervener ought not be impleaded as party respondent.

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Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that whether or not the intervener was instrumental in initiation of the encroachment case against the petitioner, is not to be finally decided at this stage and as prima facie the intervener shows the documents to the effect that he was instrumental in initiation of the prayer for public land in encroachment case against the petitioner; hence, this Court is of the considered view that this is a fit case where the prayer of the intervener to implead him as respondent No.5 of this Writ Petition, is allowed.

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Registry is directed to carry out necessary corrections in the cause-title of this Writ Petition.

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Accordingly, this interlocutory application stands allowed.

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(Anil Kumar Choudhary, J . )

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W.P.(C) No.3610 of 2019

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W.P.(C) No.3610 of 2019

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This Writ Petition has been filed under Article 226 of the Constitution of

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India with a prayer to quash the Annexure-6 whereby and where under the petitioner has been directed to be remove the alleged encroachment over the land pertaining to Khata No.114, Plot No.1701 measuring an area of 3.67 decimals situated at Mauza Pathaldiha, Thana No.302 in the District of Koderma.

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Learned counsel for the petitioner submits that the petitioner is aggrieved by the fact that even though the petitioner has no concern with the land bearing Khata No.114, Plot No.1701 still the respondent No.4 has given the direction to the petitioner to remove the encroachment therefrom.

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In the supplementary counter-affidavit filed by the respondents, it has been categorically mentioned that the petitioner has encroached upon the land bearing Khata No.114 but the petitioner categorically submits that he has not encroached upon the land bearing Khata No.114 Plot No.1701 rather he is the rightful owner of the land situated at Khata No.113 at Plot No.1701 which is a Raiyati land of the petitioner and in this respect, learned counsel for the petitioner submits that the grandfather of the petitioner namely Ramlal Singh once on 13.01.1977 paid land revenue and a land revenue receipt, was issued, of course, without prejudice, in favour of the grandfather of the petitioner. Hence, it is submitted that appropriate writ, order, direction in the nature of mandamus commanding upon the respondents not to take any coercive steps against the Raiyati land of the petitioner pursuant to the notice contained in letter No.496 dated 11.07.2019, the copy of which has been kept at Annexure-6 be passed. It is further submitted that as mentioned in paragraph-1 of the instant Writ Petition but not mentioned in the prayer portion of the instant

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W.P.(C) No.3610 of 2019

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Writ Petition that the petitioner prays for issuance of a writ in the nature of certiorari of quashing the said notice, copy of which has been kept at Annexure6, as the same has been issued under Section 6 (1) of the Bihar Public Land Encroachment Act without initiating any land encroachment case and still directing the petitioner to remove the alleged encroachment over the land.

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Learned counsel for the petitioner draws the attention of this Court towards Annexure- A at page-11 of the additional counter-affidavit filed on behalf of the respondent Nos.2 to 4 dated 12.10.2019 and submits that therein it has categorically been mentioned that the encroachment case is 06 of 2017-18. It is next submitted that earlier the petitioner moved before this Court in Writ Petition (C) No.1770 of 2018 and pursuant to the said order passed by the coordinate Bench dated 04.06.2019; in the said Encroachment Case No.06 of 201718, fresh notice under Section 3 (1) of the Bihar Public Land Encroachment Act, 1956 was directed to be issued and Annexure-3 of this Writ Petition is the said notice which culminated in Annexure-6. So, the sole contention of the petitioner to quash the notice kept at Annexure-6, that the notice was issued without initiating any land encroachment case is out and out false. Hence, it is submitted that this Writ Petition, being without any merit, be dismissed.

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Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, the only ground on which the petitioner seeks the quashing of the notice, copy of which has been kept at Annexure-6 is that the same was issued without initiating any land encroachment case. From the additional counter-affidavit dated 12.10.2019, particularly the Annexure-A which is the compilation of the order-sheets of the said Encroachment Case No.06 of 2017-18, particularly page Nos.11 and 14 thereof, this Court has no hesitation in holding that the materials in the record

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W.P.(C) No.3610 of 2019

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put forth by the respondents are sufficient to establish that the notice, copy of which has been kept at Annexure-6 of this Writ Petition, was issued in terms of the order passed in Encroachment Case No.06 of 2017-18, hence, this contention of the petitioner that the notice kept at Annexure-6 was issued without any encroachment case; has no legs to stand.

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The other contention of the petitioner is that even though he has not encroached upon the land under Khata No.114 of Plot No.1701 but still a notice for removal of his encroachment has been issued to him. The said contention of the petitioner is vehemently opposed by the respondents by claiming that the petitioner has encroached upon the land bearing Khata No.114 of Plot No.1701.

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In view of the rival contradictory contention made by the petitioner and the respondents, this Court is of the considered view that the disputed fact as to whether or not the petitioner is in possession by way of encroachment over the land under the Khata No.114, Plot No.1701 cannot be resolved and adjudicated in exercise of the writ jurisdiction as the same being a highly disputed question of fact.

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Under such circumstances, this Court is not inclined to allow the Writ Petition and this Writ Petition is accordingly dismissed with liberty to the petitioner to approach the civil court, if he is so advised, for establishing his right, title and interest over the land in question which he claims to be the owner of.

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This Writ Petition stands disposed of accordingly.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 12^th of March, 2024 AFR/ Animesh

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Kapildeo Singh v. the State of Jharkhand

Case brief

What is this about?

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Kapildeo Singh v. the State of Jharkhand

Case brief

What is this about?

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