Golden Ceramic Works Private Limited v. State of Jharkhand
2016-06-14
APARESH KUMAR SINGH
body2016
DigiLaw.ai
ORDER : Aparesh Kumar Singh, J. Heard learned counsel for the parties. 2. The B.P.L.E proceeding initiated against the petitioner pursuant to the notice at Annexure-1 dated 10.3.2012 issued by the Circle Officer cum Collector, Land Encroachment, Dhanbad in respect of several plots bearing nos. 319, 230, 303, 97, 113, 130, 140, 164, 178, 195, 238, 732, 739, 738, 730, 660, 661, 639, 642, 641, 734, 632, 635, 638, 735, 736, 737, 620 having an area of 6.79 acres under village Laikdih, Thana no. 254 concluded against the petitioner who assailed it in B.P.L.E Appeal No. 4 of 2013 before the Collector, Dhanbad. On 18.7.2013 vide Annexure-3, the Appellate Authority has passed the following order:- “Prima Facie it appears that some plots have been included in B.P.L.E notice over which petitioner claims to have title by Civil Court Decree. There are some plots to show claim through valid documents. Hence any eviction exercise must be done only after verification of the plot physically by Mapi by an amin and eviction should be carried out over only those plots for which appellant has not shown any valid title document. Eviction for plots mentioned in the Title Appeal NO.- 33/95 over which the appellant has been declared title is stayed till further orders. Put up for hearing on 30/07/13. Issue Instructions to C.O. Nirsa”. 3. This Court refused to entertain the challenge to the B.P.L.E proceeding in W.P.C. No. 4355 of 2013 as the petitioner was also pursuing parallel remedy and interim order had been passed by the Appellate Authority. The writ petition was dismissed vide order dated 30.7.2013(Annexure-4). The Circle Officer, Nirsa through letter no. 696 dated 24.7.2014 (Annexure-5) has taken steps to remove encroachment and accordingly made a request to the Sub Divisional Officer, Dhanbad for deputation of force which has aggrieved the petitioner to approach this Court again. 4. Respondents in their counter affidavit have taken a plea that exercise initiated by the Circle Officer was for verification of the plots physically, which was being done in presence of local people and others in respect of Mauza No. 254 of different khatas and plots. The request contained in letter no. 696 dated 24.7.2014 is yet to be effected by the authorities for removal of encroachment as measurement of land was to be physically conducted by the Circle Amin and others on 27.2.2015.
The request contained in letter no. 696 dated 24.7.2014 is yet to be effected by the authorities for removal of encroachment as measurement of land was to be physically conducted by the Circle Amin and others on 27.2.2015. Otherwise the respondents contest the case of the petitioner and allege that petitioner has encroached Government land and B.P.L.E proceeding has rightly been instituted against it. 5. The appeal is said to be pending before the Collector, Dhanbad. Petitioner therefore had adequate opportunity to bring the aforesaid fact relating to issuance of letter no. 696 dated 24.7.2014 by the Circle Officer, Nirsa to the notice of the Appellate Authority. Respondent authorities are also under obligation to abide by the order passed by the Appellate Authority. Such exercise of eviction in respect of plots over which the petitioner has not been able to show any valid title and documents was to be undertaken after verification of the plots physically through measurement by the Amin in terms of the interim order dated 18.7.2013 passed in B.P.L.E Appeal No. 4 of 2013. Further it appears therefrom that eviction from plots mentioned in the Title Appeal No.-33/95 over which the appellant's title has been declared is stayed till further orders. Petitioner was also therefore required to cooperate in the exercise of measurement and respondents were required to take steps for eviction in terms of the orders passed by the B.P.L.E authority including the appellate authority. 6. Learned counsel for the petitioner has stated that in respect of plot no. 140 having khesra no. 660 and 661 bearing an area of .25 and .10 acre as also in respect of khata no. 319 bearing khesra no. 620 having an area of .72 acres as referred in letter dated 24.7.2014 (Annexure-5), petitioner are not claiming any possession over the said piece of land nor have any document to substantiate their title to the same. 7. Having considered the relevant facts on record as pleaded by the parties, this Court is of the opinion that there is no necessity of interference in the matter at this stage in view of the pendency of the appeal before the Collector, Dhanbad. Let it be made clear that no observations made herein above shall be treated as comment upon the merit of the matter pending before the appellate authority. 8. The writ petition is disposed of accordingly.