KRISHNA KANT DWIVEDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the entire proceeding initiated vide notice (Annexure-7 to the writ petition) purportedly issued by the respondent no. 4- the Executive Engineer, Jharkhand State Housing Board, Dhanbad directing to remove the encroachment from survey plot no. 1242 having "Khaprail house" within seven days failing which the same would be removed by deputing a magistrate and police force, cost of which would be realised from the concerned person. The said notice, according to the petitioner, has been pasted on the wall of his house.

(2.) Mr. Lukesh Kumar, learned counsel for the petitioner, submits that the land appertaining to Khata No. 54, plot nos. 1242 and 1243, Mouza- Hirapur, Mouza No.-07, P.S.- Dhanbad, District- Dhanbad measuring an area of 5 decimals (hereinafter to be referred as "the said land") was purchased by Smt. Gujee Ghatowalin from one Babu Lal Rai vide registered gift deed no. 10650 dtd. 27/9/1951 and the said land was sold by her to the petitioner in the year 1994 through registered sale deed no. 484/417 dtd. 12/1/1994. The ownership and possession of the said land was transferred in favour of the petitioner. Thereafter, the land was mutated in favour of the petitioner vide Mutation Case No. 2520(ii)/2003-04. Correction slip was also issued to him and Jamabandi No. 4019 was created in his name. It is further submitted that since the date of mutation, the petitioner has been making payment of rent of the said land to the state government as well as holding tax to Dhanbad Municipal Corporation, Dhanbad in lieu of which receipts have been issued to him and last receipt of the same was issued on 29/9/2021. The petitioner has constructed his house over the said land and has been residing there for last more than 25 years.

(3.) It is also submitted that in the year 2000, the respondent-Bihar(now Jharkhand) State Housing Board (JSHB) initiated a proceeding being Eviction Case No. 05 of 2000 for evicting the petitioner on the ground that he encroached the land of the respondent-JSHB to the extent of 3 1/2 decimals of Khata No. 54, plot nos. 1241 and 1242, Mouza- Hirapur, Thana No. 7, District- Dhanbad. In the year 1965-66, several land including 7 decimals out of 32 decimals of land appertaining to plot no. 1242 was acquired by the Land Acquisition Department for the purpose of Jharkhand State Housing Board. The land of the petitioner is also part of plot nos. 1242 and 1243 but the same does not come under the acquisition. Thereafter, the respondent-JSHB started raising dispute with regard to measurement of the land in question. Though the land was measured by the Amin in presence of the parties, however the same was never accepted by the respondent- JSHB. Hence, the petitioner represented the Deputy Commissioner, Dhanbad (the respondent no. 2) on 27/12/1999 for demarcation of the land in question through the Government Amin in presence of the parties, however no decision was taken on the same. The petitioner thereafter filed Title Suit No. 53 of 2000 before the court of Munisf-I, Dhanbad for declaring his right, title and interest over the land in question which was decreed in his favour vide judgment and decree dtd. 10/8/2006 and 25/8/2006 respectively. It is thus submitted by the learned counsel for the petitioner that in view of the aforesaid judgment and decree, the respondent no. 4 has no jurisdiction to issue any such notice for eviction of the petitioner from the said premises.