Deepak Kumar, Son Of Prem Nath Singh v. State Of Jharkhand
2019-01-11
SUJIT NARAYAN PRASAD
body2019
DigiLaw.ai
JUDGMENT Sujit Narayan Prasad, J. - This writ petition has been filed by the petitioner under Article 226 of Constitution of India assailing the order dated 29.12.2018 by which police force has been deputed for removing the alleged encroachment upon public land. 2. The case of the petitioner is that no opportunity of hearing has been given to him which is evident from Annexure-1 dated 25.08.2018 which is notice by the Circle Officer, Argora, Ranchi in the name of Smt. Geeta Dvi, Smt. Urmila Devi and Shri P. Bhardwaj but no such notice was given to the petitioner and unilaterally declaration regarding encroachment on public land has been made against the petitioner, hence this writ petition. 3. Learned counsel appearing for the petitioner has annexed copy of deed and also annexed a representation making therein request to the Circle Officer to demarcate his land. 4. Learned counsel appearing for the State-respondent has not disputed the fact, as per the material brought on record by the petitioner, i.e. the notice as contained in Annexure-1 wherein name of petitioner is not reflected. Therefore, he submits that in order to settle the issue finally it would be appropriate to remit the matter before the Circle Officer, Sadar, Ranchi to decide the same regarding the alleged encroachment. 5. In view of such submission, without entering into the merit of the claim of the petitioner and also taking into consideration the fact that as per Annexure-1 the petitioner has not been noticed, therefore, in absence of any notice it would not be proper to cast liability upon the petitioner by treating him an encroacher, therefore, the matter is remitted before the Circle Officer, Argora, Ranchi for taking a proper decision in accordance with law after hearing the affected parties who have been arrayed in the notice as contained in Annexure-1 namely Smt. Geeta Devi, Smt. Urmila Devi and Shri P. Bhardwaj as also the petitioner who is given liberty to place the document in support of his title along with the sanctioned map for its scrutiny by the Circle Officer, Argora, Ranchi to reach a rightful conclusion. 6. The Circle Officer, Argora, Ranchi is directed to take decision within three weeks from the date of receipt of a copy of this order. 7.
6. The Circle Officer, Argora, Ranchi is directed to take decision within three weeks from the date of receipt of a copy of this order. 7. Needless to say that the Circle Officer, Argora, Ranchi after taking such decision, if comes to the finding that any encroachment has been committed by any of the parties, proper action shall be taken at his end. 8. With these observations, this writ petition stands disposed of.