BINOD GOPE @ BINOD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The instant writ petition has been preferred for quashing the notice dated 11.7.2007 (Annexure-4) issued by the Circle Officer, Sadar, Hazaribag - Respondent no. 5 directing the petitioner to remove the alleged encroachment over 7.5 decimals of land under plot no. 418 under khata no. 19 of village Sarley by 18.7.2007, failing which it would be removed by use of force.

(2.) It is the contention of the petitioner that earlier a proceeding under the Bihar Public Land Encroachment Act (B.P.L.E. Act), 1956 being Case no. 03 of 1999 was initiated before the court of Land Reform Deputy Commissioner, Hazaribag in respect of the alleged encroachment wherein the petitioner appeared and filed his show cause stating that he was in continuous possession over the said land for the last 60 years, where after the said proceeding was dropped by the respondent no. 4 vide order dated 9.11.1999 (Annexure-1). The petitioner, thereafter, was issued with further show cause notice under the B.P.L.E. Act for removal of encroachment against which petitioner moved this court in W.P.C. No. 5648 of 2001 in which, vide order dated 26.11.2001 petitioner was asked to file show cause observing that no coercive steps shall be taken against the petitioner tilt the final decision (Annexure-2). It is submitted that petitioner filed his show cause but no final order was passed but petitioner has been served with notice dated 11.7.2007, which is impugned herein. It is further contended on behalf of the petitioner that the petitioner had filed title suit being T.S. No. 1 of 2004 for declaration of title over the said land as mentioned in Schedule A in the plaint and also for confirmation of possession of the plaintiff over the same with other consequential reliefs.

(3.) It is submitted that, although the said suit was dismissed but the learned trial court recorded finding at page 11 in the following terms.:-