Md Nizamuddin Ansari @ Nezamuddin Ansari v. State Of Jharkhand
2018-06-07
KAILASH PRASAD DEO
body2018
DigiLaw.ai
JUDGMENT Kailash Prasad Deo, J. – Heard learned counsel Mr. Mahesh Tewari assisted by Mr. Abhishek Kumar Dubey, appearing for the petitioners and the Government Advocate Mr. Atanu Banerjee assisted by Ms. Sunita Kumari, J.C. to G.A. 2. Learned counsel for the petitioners has submitted that notice under Section 3 of Bihar/Jharkhand Public Land Encroachment Act has not been complied with in accordance with law. 3. Learned G.A. Mr. Atanu Banerjee has produced photo copy of the ordersheet passed in Encroachment Case No.2 of 2018-19 from perusal of which it appears that notice has been served upon the petitioners who have received the same on 18.04.2018. Learned counsel for the State has further submitted that after appearance of the petitioners they have not filed any document before the court concerned rather five persons, namely, Yudhisthir Mahato, Arun Mahato, Jaleshwar Mahato, Gopal Mahto and Subhash Mahto have filed their papers before the concerned authority. 4. Learned counsel for the petitioners has submitted that an opportunity be given to the petitioners to file their show cause before the concerned authority so that their case may be considered by the respondents-authorities. Learned counsel for the petitioners undertakes that he will file the show cause by 21st June, 2018. 5. Learned Government Advocate is directed to instruct his client to decide the issue within two weeks thereafter, i.e. by 5th July, 2018. 6. Needless to say that the matter is pending before the trial court. Till the Circle Officer, Seraikella-Kharsawan decide the issue afresh in accordance with law, the houses of the petitioners shall not be demolished but if the petitioners fail to file their show cause by 21 June, 2018, the Circle Officer, Seraikella-Kharsawan is free to take any steps against the petitioners. 7. With the aforesaid directions, this writ petition stands disposed of. 8. Let a copy of this order be handed over to the learned Government Advocate so as to communicate the same to the concerned authorities at once.