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2019 DIGILAW 1652 (JHR)

Rajshri Pati v. State Of Jharkhand

2019-09-17

SUJIT NARAYAN PRASAD

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JUDGMENT Sujit Narayan Prasad, J. - This writ petition is for quashing the notice dated 12.10.2015,02.11.2015 and 20.11.2015 issued by the respondent no.3,2 and 4 respectively, whereby the petitioner has been directed to remove the encroachment from the land in question. 2. Learned counsel for the State respondent has raised issue that since notice is under challenge and as such no interference may be shown, rather petitioner may be given liberty to approach before the authority to specify his legal claim about valid occupation of the premises in question. 3. Having heard learned counsel for the parties and after considering the pleading made in the writ petition and taking into consideration the fact that notice issued by the Special Officer, Jamshedpur Notified Area Committee dated 20.11.2015 has been assailed by which the petitioner has been directed to remove the encroachment within fifteen days. 4. It is the settled position of law that a writ Court under Article 226 of the Constitution of India is not supposed to enter into the legality of the notice, save and except if the notice is without jurisdiction and if any factual dispute is involved apart from the jurisdictional error, the same is required to be decided by the authority concerned who has issued the notice otherwise there will be no adjudication of the issues. 5. This Court, after taking into consideration the aforesaid aspect, is of the view that since the petitioner has questioned the notice not on the ground of jurisdiction, as such this Court refrains itself from interfering with the notice, accordingly, the writ petition fails and is dismissed. However, it is open for the petitioner, if the cause of action still survives, to approach before the competent authority along with the relevant documents of the legal entitlement to hold the premises in question. 6. If such, defence would be taken before the concerned authority, decision in accordance with shall be taken by the respondent authority after providing opportunity of hearing to the petitioner within a period of four weeks from the date of receipt of copy of the order. 7. Accordingly, the writ petition stands disposed of.