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2021 DIGILAW 1094 (JHR)

Dilip Kumar Banerjee v. State of Jharkhand

2021-12-22

RAJESH SHANKAR

body2021
ORDER : The writ petition is taken up today through Video conferencing. The present writ petition has been filed for quashing the notice as contained in memo no. 293 dated 10.07.2017 issued under the signature of the respondent no. 2 – the Circle Officer, Govindpur, Dhanbad under Section 3 of Bihar (now Jharkhand) Public Land Encroachment Act, 1956 directing the petitioner to appear before the said respondent along with relevant documents relating to the land appertaining to Mouza-Bada Jamua, Thana No. 95, Khata No. 56, Plot No. 1224. 2. Learned counsel for the petitioner submits that the aforesaid land measuring an area of 14 decimals was purchased by the petitioner through different sale deeds executed between the year 1981 to 1983 and thereafter, the same was mutated in the name of the petitioner and correction slip was also issued in his favour. Despite the fact that the petitioner has lawful right and title over the land in question, he has been called upon by the respondent no. 2 vide impugned notice as contained in memo no. 293 dated 10.07.2017 to submit the documents relating to the said land in a land encroachment proceeding. 3. Mr. Ashish Kumar Thakur, AC to AAG-III appearing on behalf of the State respondents, submits that the impugned notice as contained in memo no. 293 dated 10.07.2017 itself suggests that the petitioner was merely called upon by the respondent no. 2 to submit the relevant documents relating to the land in question. 4. According to the learned counsel for the petitioner, though the petitioner appeared before the respondent no. 2 in pursuance of impugned notice as contained in memo no. 293 dated 10.07.2017 and filed his reply, yet no final order has been passed by the said respondent in this regard. 5. Having heard learned counsel for the parties and keeping in view the nature of prayer made by the petitioner in the present writ petition, the respondent no. 2 is directed to pass final order in pursuance of impugned notice as contained in memo no. 293 dated 10.07.2017 (if the same has not yet been passed) considering the reply submitted by the petitioner and on providing due opportunity of hearing to him within four weeks from the date of receipt/production of a copy of this order. 6. The writ petition is accordingly disposed of with aforesaid direction. 7. 293 dated 10.07.2017 (if the same has not yet been passed) considering the reply submitted by the petitioner and on providing due opportunity of hearing to him within four weeks from the date of receipt/production of a copy of this order. 6. The writ petition is accordingly disposed of with aforesaid direction. 7. So far as the petitioner’s claim for compensation of the land in question is concerned, he is also at liberty to file an appropriate application before the respondent no. 4 – the District Land Acquisition Officer, Dhanbad, which shall be dealt with by the said respondent in accordance with law.