RAM SEVAK YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present case is taken up through video conferencing.

(2.) The present writ petition has been filed for quashing notice dtd. 10/8/2019 purportedly issued under Sec. 6(2) of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 by the Circle Officer, Itkhori (the respondent no. 2) in Land Encroachment Case No. 01/2013-14 whereby the petitioner and 10 others have been directed to remove the alleged encroachment from their respective land, failing which action under Sec. 188 of the I.P.C. would be taken.

(3.) Learned counsel for the petitioner submits that on 16/3/1980, a meeting of village committee was convened wherein it was decided that 20 decimals of land of Degan Yadav (petitioner's father) and others would be given to the government for construction of school and in lieu thereof, they would be allowed to use ..Gair Mazarua Khas.. land appertaining to Khata no. 64, plot no. 1166, Mouza-Chakrawar, Thana No.-33/295, District- Chatra. As per information provided to the petitioner under Right to Information Act, 2005, the school building was constructed in the year 1980 over the ..raiyati.. land of the petitioner and others appertaining to Khata No. 51, plot no. 1189, however the school management has no valid document executed by the petitioner's ancestors to show title of the concerned land. Learned counsel further submits that so far as the procedure followed by the respondent no. 2 in Land Encroachment Case No. 01/2013-14 is concerned, on perusal of copy of the order-sheet of the said case, it would be evident that no hearing as required under Sec. 5 of the Act, 1956 has been done by the respondent no. 2, rather a direction was straightaway issued to the petitioner and others vide order dtd. 10/8/2019 to remove the alleged encroachment from their respective land which led to issuance of impugned notice on the same date in form-II of Sec. (6)2 of the Act, 1956.