GANESH BURMAN @ GANESH PODDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By way of present interlocutory application, the petitioner has prayed for staying the operation of the impugned eviction notice as contained in memo No. 412 dated 09.07.2020 (Annexure-8 to the writ petition) and to restrain the respondents from carrying out the construction work over the land in question till disposal of the present writ petition.

(2.) Learned counsel for the petitioner submits that the present writ petition has been filed for quashing the notices as contained in memo No. 880 dated 24.12.2019, memo No. 34 dated 17.01.2020 and memo No. 412 dated 09.07.2020 (Annexures- 4, 6 & 8 respectively to the writ petition) whereby the petitioner has been directed to vacate the land appertaining to Khata No. 65, Plot No. 208, Mouza-Choukunda, P.O-TK Gram, P.S-Fatehpur, District-Jamtara, measuring an area of 2 Acres out of the total area of 28 Acres. Further prayer has been made for issuance of direction upon the respondents to stop the construction work being carried out over the said land.

(3.) Learned counsel for the petitioner submits that the petitioner's grandfather namely Jagdish Prasad Sah was granted the said land by the Bihar Bhoodan Yagnya Committee under the provisions of the Bihar Bhoodan Yagnya Scheme and to that effect a donation certificate bearing No. 101831 dated 28.08.1957 was issued in the name of his grandfather. Soon thereafter, the grantee of the said land applied for mutation which was registered as Mutation Case No. 21/1962-63 and the Circle Officer, Kundahit allowed the same in his favour. Thereafter, necessary entries were made in the records of the State Government. Suddenly on 24.12.2019, the respondent No.2 issued an eviction notice directing the petitioner to vacate the said land within 15 days and to inform the said authority about the said vacation. Upon receipt of the said notice, the petitioner made a detailed representation before the respondent No.2 informing the background of the said land. Despite the said fact, the respondent No.2 issued second eviction notice dated 17.01.2020 again directing the petitioner to vacate the said land. Thereafter, in the month of March, 2020, the respondents started construction work over the said land. However, due to spread of Corona-19 pandemic and lockdown imposed by the Government, the construction work was stopped. Thereafter, the petitioner made a representation before the respondent No.3 on 30.06.2020 requesting inter alia to direct the respondent authorities to stop the construction work over the said land. Despite the said representation made by the petitioner before the respondent No.3, the respondent authorities again resumed construction over the said land on 02.07.2020 and thereafter again on 09.07.2020, the respondent No.2 issued third eviction notice vide memo No.412 dated 09.07.2020 to the petitioner directing him to vacate the said land within 10 days. Since the petitioner along with his family members have been in possession of the said land for more than 60 years, their eviction will cause them irreparable loss and injury and hence the operation of the impugned eviction notice as contained in memo No. 412 dated 09.07.2020 (Annexure-8 to the writ petition) may be stayed and the respondent authorities may be directed to stop the construction work being carried out over the said land.