GARJAN MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents not to demolish the structure standing over the land appertaining to C.S. Khata No. 28, C.S. Plot Nos. 187/2 and 143/3, measuring an area of 1.43 Acres and 0.57 Acre respectively, Mouza-Amaghata, Thana No. 9, P.S-Dhanbad (now Saraidhela), District-Dhanbad on the alleged ground of encroachment over public land.

(2.) The case of the petitioner is that his ancestor, namely, Koka Manjhi being a landless person applied before the Circle Officer, Dhanbad for settlement of ..Gair Abad.. land, who issued notice dtd. 11/8/1955 for general information that some plots including the aforesaid plots under C.S. Khata No. 28 were being settled with the ..Harizan.. and ..Aadivasi.. of Mouza-Saraidhela by the Government of Bihar and the names of those persons along with description of land to be settled were also mentioned in the said notice. It was also mentioned in the said notice that if any person had objection to the same, he/she might submit his/her objection by 28/8/1955. The land in question was finally settled in favour of Koka Manjhi (the great-grandfather) of the petitioner and he came in possession of the same. The State also recognized the petitioner's ancestor as raiyat of the said land and issued rent receipts after realizing the rent for the year 1955-56 to 2008-09.

(3.) The present writ petition has been filed for quashing the notice as contained in memo No. 353 dtd. 2/3/2021 whereby the Circle Officer, Dhanbad has directed the petitioner to appear in person along with the relevant documents alleging that he has encroached the land appertaining to Khata No. 28, Plot No. 187, Mouza-Amaghata, District-Dhanbad, measuring an area of 16.14 Decimals.