Kedar Prasad Swarnkar @ Kedar Prasad v. State Of Jharkhand
2018-05-14
ANUBHA RAWAT CHOUDHARY
body2018
DigiLaw.ai
JUDGMENT Anubha Rawat Choudhary, J. – Counsel for the petitioners Mr. Ashish Kumar Thakur submits that this writ petition has been filed against various notices dated 01.10.2008 as contained in Annexure-1 series issued under the signature of Circle Officer, Sadar, Hazaribagh wherein the said authority has mechanically asked the petitioners to remove the encroachment. He further submits that the properties in question have been purchased by the petitioners by different registered sale-deeds although these registered sale-deeds have not been filed alongwith the writ petition. 2. Counsel for the petitioners further submits that the respondent-authority be directed to consider their claim and pass orders in accordance with law. 3. Counsel for the respondents, on the other hand submits that the petitioners should respond to the notices as contained in Annexure-1 Series to the writ petition and file their objections and if objections are filed, that can be considered by the Circle Officer, Sadar, Hazaribagh. 4. Counsel for the respondents further submits that he is not aware as to what has transpired after the filing of the writ petition. 5. Considering the facts and circumstances of this case, this writ petition is disposed of with a liberty to the petitioners to respond to the notices dated 01.10.2008 issued by the Circle Officer, Sadar, Hazaribagh and file their representations/ objections before the said authority. If any such representations/ objections are filed within a period of one month from today, the same shall be considered by the Circle Officer, Sadar, Hazaribagh and an appropriate order will be passed in accordance with law. 6. It is made clear that if action has already been taken pursuant to the impugned notices dated 01.10.2008 or if any adverse order has been passed pursuant to the said impugned notices, there is no requirement for the Circle Officer, Sadar, Hazaribagh to consider the representations/objections of the petitioners. 7. The writ petition is disposed of with the aforesaid observations and directions.