SANJEEV KUMAR DEO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 28.2.2001 passed in CWJC No.819/2001, whereby the learned Single Judge dismissed the writ petition with the observation that the petitioner may file a suit for declaration of his title with respect to the land in question. The aforesaid writ petition was filed by the petitioner for quashing the order dated 6.1.2000/25.1.2000 passed by the Deputy Commissioner, Deoghar, whereby the petitioner was directed to remove the alleged encroachment from the public land. For better appreciation the impugned judgment and order dated 28.2.2001 passed by the learned Single Judge reads as under: "28.2.2001 After having heard the learned counsel for the parties and going through the materials on record, this writ application is being disposed of at the time of admission itself. The main prayer of the petitioner is for quashing the order dated 6.1.2000/25.1.2000 passed by the Deputy Commissioner, Deoghar, whereby the petitioner has been directed to remove the encroachment found on the public land. This is the second attempt on behalf of the writ petitioner for redressal of the grievance. The petitioner earlier came before this Court challenging the notice issued in terms of section 196 of the Bihar Municipal Act. The learned Judge while disposing of the writ application directed the respondent authority to measure the land and if, ultimately, it is found that the petitioner has encroached the public land, in that case, opportunity should be given to the petitioner first to remove the same within the time mentioned therein, failing which, the respondent will be at liberty to remove such encroachment. Pursuant thereto, it appears that the land was measured by the respondent authority and, ultimately, it was found that the petitioner has encroached the public land. Accordingly, the impugned order has been passed. It may be mentioned here that in a public interest litigation the High Court has issued a general direction to the District Administration to remove the encroachment from the public land. Pursuant thereto the District Administrations are taking steps fro removal of the encroachment from the public land. Accordingly, in the facts and circumstances of the case, I am not inclined to interfere with the order impugned. In the result, this writ application is dismissed. However, it will be open for the petitioner to file a suit for declaration of his title with respect to the land in question. This disposes of this writ application."

(2.) AGAINST the aforesaid judgment and order, the appellant preferred this appeal which was taken up by a Division Bench of this Court on 19.4.2001. The Division Bench dismissed the appeal in limine and refused to interfere with the order.

(3.) THE matter was taken up on 16.11.2009 and 21.12.2009, but no counter affidavit was filed and finally the appeal was listed on 18.1.2010. This court again allowed time to the railway for filing counter affidavit. The order dated 18.1.2010 reads as under: