NARENDRA PRASAD Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner alleging that over a piece of land situated at Ward no. 7, Khata no. 245, Plot no. 235(P) having an area 35 decimals, there is encroachment. For removal of the encroachment, the proceedings were initiated wherein eviction order was passed. Against the eviction order, the appeal was preferred and the appellate authority vide order dated 11.03.2011 has already dismissed the appeal whereas in fact the encroachment is continuing. It is submitted that the State in their counter has also admitted that order of eviction was passed and the appeal against that was dismissed.

(2.) IN view of the above reason, on connivance of the State authorities with the encroachers, this Court may entertain this petition as public interest litigation as it is an open space meant for common and social use of the public of the locality at large.

(3.) LEARNED counsel for the State submits that the State took the action and orders were passed by the original authority and the appellate authority and thereafter, the encroachment was removed.