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2018 DIGILAW 758 (JHR)

Mahesh Prasad Saw v. State Of Jharkhand

2018-04-04

ANUBHA RAWAT CHOUDHARY

body2018
ORDER Anubha Rawat Choudhary, J. - Heard Mr. V. Shivnath, Sr. Advocate appearing on behalf of the petitioners assisted by Mr. Niraj Kishore, Advocate. 2. Heard Mr. Amit Kumar, A.C. to G.P. II appearing on behalf of respondents-state. 3. This writ petition has been filed for the following reliefs:- (i) For issuance of direction upon the respondents for quashing the notices issued under the signature of Circle Officer, Gola, in Encroachment Case No. 53/2011-12, Encroachment Case No. 54/2011-12, Encroachment Case No. 63/2011-12 and Encroachment Case No. 56/2011-12 (Annexure-4 series) and ail proceedings initiated by the Circle Officer under Jharkhand Public Land Encroachment Act. (ii) For issuance of direction upon the respondents that they have no jurisdiction and any authority of law to take with and interfere with the peaceful possession of the petitioners and take steps for demolition of the houses of the petitioners on different plots vide Plot No. 58 of Khata No. 52 of Mouza Bantara, P.O. and P.S. Gola, District Ramgarh. 4. Counsel for the petitioners submits as under:- a. That the proceeding for land encroachment was initiated against the petitioners in connection with Mouza, Bantara Khata No. 52, plot no. 58 under Circle Officer, Gola and different area in connection with same Khata Number and same Plot number with respect to the various petitioners of this case. b. The final order was passed in encroachment proceeding, but the order was not supplied to the petitioner and in such circumstances these petitioners filed writ petition being C.W.J.C. No. 2990 of 1998 and other analogous cases. c. The said writ petition was disposed of by order dated 18.11.1998 wherein it was observed that the petitioners have the remedy of appeal and it was directed that the petitioners will make an application for certified copy of the order before the Circle Officer, Gola, District Hazaribag and the said officer was directed to supply a copy of the same to the petitioners within three days and thereafter the petitioners were to file appeal before the appellate authority. d. Thereafter the petitioners after obtaining certified copy of the orders filed their respective appeals being appeal nos. 47/98, 48/98, 49/98, 50/98 and 51/98 in the year 1998 which was remanded to the court of Sub Divisional Officer, Ramgarh by order passed by the Deputy Commissioner and all these cases were disposed of vide order dated 22.03.2002. d. Thereafter the petitioners after obtaining certified copy of the orders filed their respective appeals being appeal nos. 47/98, 48/98, 49/98, 50/98 and 51/98 in the year 1998 which was remanded to the court of Sub Divisional Officer, Ramgarh by order passed by the Deputy Commissioner and all these cases were disposed of vide order dated 22.03.2002. e. Counsel for the petitioners submits that although the proceeding was initiated in connection with Khata No. 52 plot no. 58, but during the proceeding, various persons had produced their documents in connection with Khata No. 28 plot no. 58 and they had submitted on the spot that they are in possession of the property contained in Khata No. 28 plot no. 58 and not Khata No. 52 and Plot No. 58. f. After considering the case of the petitioners, the proceeding under Bihar Land Encroachment Act was dropped. g. Counsel for the petitioners further submits that again respondents have issued notices in connection with Khata No. 52 plot no. 58 which was addressed to the petitioners but in fact the petitioners are in possession of the property in Khata No. 28 plot no. 58 and for that purpose the petitioners are also ready for local inspection. h. Counsel for the petitioners submits that issuance of notices in connection with Khata No. 52 plot no. 58 in the name of the petitioners is wholly illegal and the respondents are bent upon to remove the petitioners from Khata No. 28 plot no. 58 in the garb of the notice issued in connection with Khata No. 52 plot no. 58. 5. Upon this, the counsel for the respondents submits that the property in which the petitioners are located is actually Khata No. 52 plot no. 58 and not Khata No. 28 plot no. 58 and accordingly he submits that notices have been rightly issued in connection with Khata No. 52 plot no. 58. He further submits that from perusal of the order as contained in Annexure-2 to the writ petition it appears that the encroachment proceeding in connection with Khata No. 52 plot no. 58 was dropped on the basis of certain documents which were produced by the petitioners in connection with Khata No. 28 plot no. 58 without verifying as to whether the petitioners are in possession of Khata No. 52 and Plot No. 58. 58 was dropped on the basis of certain documents which were produced by the petitioners in connection with Khata No. 28 plot no. 58 without verifying as to whether the petitioners are in possession of Khata No. 52 and Plot No. 58. Counsel for the respondents submits that documents in connection with Khata No. 28 plot no. 58 are not the documents of title so far as the property involved in this case is concerned, however, he has not disputed that the notices has been issued in connection with Khata No. 52 plot no. 58 and the notices do not indicate Khata No. 28 plot no. 58. 6. After hearing the parties and considering the facts and circumstances of the case, this court finds that the petitioners have come before this court at the notice stage and specific case of the petitioners is that the petitioners have nothing to do with Khata No. 52 plot no. 58 as mentioned in the impugned notice and the petitioners are in possession in Khata No. 28 plot no. 58. The petitioners have also shown their willingness for a local inspection. Accordingly, the petitioners are directed to appear before the Circle Officer, Gola, Ramgarh within a period of 15 days from the date of receipt of a copy of this order and the Circle Officer is directed to conduct on the spot inspection along with the Amin in the presence of the petitioners to verify as to whether the petitioners are in possession of Khata No. 52 plot no. 58 or they are in possession of Khata No. 28 plot no. 58. If the petitioners are found to be in possession of Khata No. 52 plot no. 58, then the Circle Officer Gola, Ramgarh after verifying this fact and pursuant to the impugned notice is directed to proceed to pass final order in accordance with law within a period of two months thereafter. 7. With the aforesaid observations and directions, this writ petition is disposed of.