SUBODH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners' contention is that they have not encroached the road/ flank of the road but even then the authorities, without following the procedure of law, are threatening to demolish their houses which are standing on Khata No. 25, Mauza Kalimati, Jamshedpur.

(2.) It is submitted by Mr. Das, appearing for the petitioners, that a proceeding under Section 145 Cr. P.C. was started against the successor in interest of Rupchand Lal Lohar from whom the petitioners are claiming.

(3.) On the other hand, counsel for the respondents, submitted that to check the human lives from day by day increasing road accidents and free movement of vehicles and public, and in terms of the order of P.I.L., the encroachment, made by the petitioners, is sought to be removed. He further submitted that the land in question has vested in the State and petitioners have not produced chit of paper to show their right to occupy the land in question; and that the orders passed in 145 Cr.P.C. proceeding is not proof of right to occupy the lands in question.