SHIV NARAYAN SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the notice dtd. 6/7/2022 (Annexure-3 to the writ petition) issued under the signature of the Circle Officer, Ormanjhi- respondent no.6 in Encroachment Case no.03 of 2021-22, whereby the petitioner has been directed to remove encroachment from the land measuring an area of 0.019 decimal, appertaining to Khata no.4, plot no.135 of village Dardag, P.S. Ormanjhi, District Ranchi.

(2.) A counter affidavit has been filed on behalf of the respondent no.6. It has been stated in paragraph nos.12 and 13 of the said counter affidavit that out of 79 persons, who were noticed earlier, only 17 persons including the petitioner appeared in the concerned encroachment case on 7/3/2022, raising objection with regard to measurement. Accordingly, it was decided that a fresh measurement would be done on 11/3/2022 in presence of NHAI Amin, Circle Amin and Land Acquisition Amin. The objectors including the petitioner were also directed to engage private Amin on their behalf. The said re-measurement of the acquired land for construction of flyover on the said part of NH-33 was thereafter done on 24/3/2022, however, some differences were found relating to the encroached area of five persons including the petitioner. Accordingly, records were ordered to be placed on 8/4/2022. Thereafter, hearing was done on the said objection and decision was taken on 12/4/2022 to issue notice to all 79 encroachers under Sec. 6(2) of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956. However, on perusal of the notice dtd. 12/4/2022, a copy of which has been annexed with the counter affidavit, it does not appear that encroached area shown in the said notice has been changed after the differences were found with respect to the encroached area of five persons including the petitioner, while making re-measurement of the acquired land on 24/3/2022.

(3.) It has been pointed out by the learned counsel for the respondents that similar issue has already been dealt with by this Court in writ petitions being W.P.(C) No.2713 of 2022(Jhari Oraon Vs. The State of Jharkkhand and Ors.) and W.P.(C) No.2101 of 2022 (Braj Kishor Keshri Vs. The State of Jharkhand and Ors.), which have been disposed of vide order dtd. 14/7/2022, the relevant paragraph nos.9 to 13 of which read as under:-