LAL BABU SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioners have prayed for setting aside the orders dated 26.5.2011 passed by the Circle Officer, Jharia in Encroachment Case No.3/2011-12 and Encroachment Case No.4/2011-12, contained in Annexure-5 and 6, whereby the petitioners have been directed to remove the alleged encroachment from the land in question.It has been submitted that the said orders are wholly arbitrary, unjust and illegal in as much as the same have been passed before the date when the time was granted for producing their documents. It has been stated that both the cases were fixed for 26.5.2011. The petitioners had appeared and produced their documents. Thereafter, the case was fixed for 2.6.2011. In the meanwhile the Circle Officer without waiting for the next date i.e. 2.6.2011, passed the impugned orders directing them to remove the encroachment on the same date i.e. on 26.5.2011.

(2.) Learned counsel for the petitioners submitted that the impugned order is wholly illegal and violative of principle of natural justice in as much as the same has been passed ante dated, before the next date fixed, behind back of the petitioners and without giving them opportunity to produce their evidences.

(3.) Learned J.C. to S.C.(L&C) appearing on behalf of the respondents, on the other hand, submitted that there was a proceeding against the petitioners and opportunity for hearing was given to them. On 26.5.2011, further opportunity was given to the petitioners fixing 2.6.2011. The impugned order was passed on the next date i.e. on1 2.6.2011. However, since the subsequent order was not separately dated, the same allegation has been made against the petitioner due to the said clerical error. The petitioners have no valid ground for challenging the said orders and their writ petition is liable to be dismissed.