SHIV SHARAN YADAV Vs. STATE OF JHARKHAND.

JUDGEMENT

(1.) Heard learned senior counsel for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the impugned Judgment dated 30.8.2017, passed by the Hon'ble Single Judge, in W.P.(C) No. 3455 of 2007, whereby, the writ application, filed against the orders for evicting the writ petitioner from the public land in question, has been dismissed by the Writ Court.

(3.) The petitioner claimed that the land in question, being 01 katha, 10 dhurs, bearing Plot No. 1913 of Jamabandi No. 28 of Mouza Dumka Town No. 7, was originally recorded as "Bakast Malik", and was settled with the father of the writ petitioner in the year 1932-33 by way of Patta, by the ex-landlord, and there is a pucca dwelling house of the petitioner on that land, in which, they are residing since then. The State however, claims that land to be a public land, being recorded in the name of "Secretary, Vyapar Mandal Sahyog Samiti, Dumka sah Masalia", in the record of rights.