NAGARMAL MODI SEVA SADAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present case is taken up today through Video conferencing.

(2.) The present writ petition has been filed for quashing order dtd. 4/1/2021 (Annexure-3 to the writ petition) passed by the Circle Officer, Town, Ranchi (respondent no. 4) in Encroachment Case No. 01 of 2020-21 (Bara Talab, Ranchi) as well as notice of the same date i.e. 4/1/2021 (Annexure-4 to the writ petition) purportedly issued under Sec. 6(2) of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (in short, "the Act, 1956") by the said respondent directing the petitioner to remove the encroachment to the extent of 0.10 acre pertaining to. M.S. Plot no. 1624, Thana No. 205, P.S.- Kotwali, Village- Bara Talab Ranchi, District-Ranchi (hereinafter to be referred as "the said land").

(3.) Learned counsel for the petitioner submits that the respondent no. 4 has passed the impugned order dtd. 4/1/2021 and has also issued the notice on the same date i.e. 4/1/2021 under Sec. 6(2) of the Act, 1956 exercising his power as Collector under the Act, 1956 without any application of mind and without ascertaining as to whether the said land is "public land" as defined under the Act, 1956. The respondent no. 4 has also not followed the procedure prescribed under the Act, 1956 and has hurriedly passed the said impugned order and thereafter issued the purported notice under Sec. 6(2) of the Act, 1956 directing the petitioner to remove the alleged encroachment to the extent of 10 decimals from the said land. In the light of order passed in a P.I.L. being W.P. (P.I.L.) No. 1463 of 2020 (pending before the learned Division Bench of this Court), the district administration appears to have constituted a team for inspection of encroachment over the land of "Bara Talab". The said inspection team submitted the inquiry report, according to which it was found that the encroachments were made by different encroachers including the petitioner near "Bara Talab, Ranchi". Subsequently, a notice in this regard was also issued to the petitioner on 7/11/2020 under Sec. 3 of the Act, 1956 by the respondent no. 4 directing it to appear before him on 24/11/2020.