Kanta Sahu v. State of Jharkhand through its Principal Secretary, Public Health Engineering Department, Government of Jharkhand, Ranchi
2021-07-19
RAJESH SHANKAR
body2021
DigiLaw.ai
ORDER : 1. The present writ petition has been filed for quashing notice dated 21.05.2021 (Annexure-13 to the writ petition) issued by the respondent no. 5 – the Circle Officer, Baragai Ranchi in Encroachment Case No. 01/2021-22 which, according to the petitioner, has illegally been initiated under the provisions of Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act, 1956”) ignoring the fact that the land appertaining to Khata No. 42, Plot No. 2710, Village-Baragai, District-Ranchi is not a public land and the same has been purchased by the petitioner by virtue of registered sale deed on 15.05.1985 from the earlier owner of the land through his constituted power of attorney. 2. During the pendency of the writ petition, notice dated 01.06.2021 has been issued to the petitioner by the respondent no. 5 in Encroachment Case No. 02/2021-22 and the said notice is also sought to be challenged by the petitioner in the present writ petition by filing I.A. No. 2895 of 2021. 3. Heard learned counsel for the parties and perused the content of the writ petition. It appears that prior to issuance of impugned notice dated 21.05.2021, the petitioner was also issued a notice as contained in memo no. 272 dated 23.03.2021 by the respondent no. 5. On perusal of the notice dated 23.03.2021, it appears that the petitioner was said to be raising certain construction over Plot No. 2710 under Khata No. 42, Thana No. 184, Mouza-Baragai. It was, however, alleged that the petitioner while raising the construction over Plot No. 2710 was also encroaching the public land appertaining to Plot No. 2709 of the same khata. Accordingly, the petitioner was directed to remove the encroachment from the part of the Plot No. 2709. 4. The grievance of the petitioner is that the respondent no. 5 has got the Plot No. 2709 measured unilaterally without any information to the petitioner and it has thus been alleged that the petitioner has been encroaching the part of the said plot while raising the construction over Plot No. 2710. 5. Since the aforesaid aspects are factual in nature, without expressing any opinion on the said issue, the petitioner is given liberty to file his objection/reply before the respondent no. 5 in Encroachment Case No. 01/2021-22 and Land Encroachment Case No. 02/2021-22 by 30.07.2021. On receipt of the said reply/objection, the respondent no.
5. Since the aforesaid aspects are factual in nature, without expressing any opinion on the said issue, the petitioner is given liberty to file his objection/reply before the respondent no. 5 in Encroachment Case No. 01/2021-22 and Land Encroachment Case No. 02/2021-22 by 30.07.2021. On receipt of the said reply/objection, the respondent no. 5 on making due enquiry including measurement of both the plots i.e., Plot Nos. 2709 and 2710 in presence of the petitioner/his representative, shall proceed to hear the objection of the petitioner and pass an appropriate informed order in terms with the provisions of the Act, 1956 as expeditiously as possible preferably within a period of eight weeks from the date of receipt of objection/reply of the petitioner. 6. Till the said order is passed by the respondent no. 5 in both the said encroachment cases, no coercive step shall be taken against the petitioner in relation to the impugned notices. 7. The writ petition is accordingly disposed of with aforesaid liberty and direction. Consequently, I.A. No. 2895 of 2021 also stands disposed of.