COMMERCIAL CARRIERS LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing/setting aside the notice dtd. 23/5/2022 (Annexure-16 to the writ petition) issued by the respondent no. 2 whereby J.P.L.E. Case No. 29/TL/2022-23 has been initiated against the petitioner no. 2 in purported exercise of power under Sec. 3 of the Jharkhand Public Land Encroachment Act, 1956 (in short, "the Act, 1956"). Further prayer has been made for declaring that the action of the respondent authorities in initiating J.P.L.E. proceeding against the petitioners with respect to the land appertaining to Khata No. 1, plot no. 403/P, Ward No. 13, P.S.- Burmamines, Jamshedpur District- East Singhbhum measuring an area of 52 Kathas and 9.47 Dhurs (hereinafter to be referred as "the said land"), is not maintainable as, according to the petitioners, the land in question is not a public land and even as per the revenue records of the respondent-State of Jharkhand, the said land has been purchased by one M/s. Lalbaba Tube Company Pvt. Ltd. in auction conducted by the Official Liquidator, Calcutta High Court pursuant to order dtd. 8/9/1978 passed High Court of Calcutta in C.P. No. 268 of 1967 (Lalit Mohan Agarwalla Vs. Tatanagar Irson Foundry Co. Ltd.).

(2.) Learned counsel for the petitioner submits that the aforesaid land was purchased by M/s. Lalbaba Tube Company Pvt. Ltd. pursuant to an auction conducted vide order dtd. 8/9/1978 passed by the Hon'ble Calcutta High Court in C.P.No. 268 of 1967. In the revenue records also, the name of M/s. Lalbaba Tube Company Pvt. Ltd. has been recorded as auction purchaser. The petitioner no. 1 entered into an agreement with M/s. Lalbaba Tube Company Pvt. Ltd. on 7/1/1989 and got license to carry on its business on the said land. The petitioner no. 1 is in possession of the said land since then. Surprisingly on 7/12/2021, the respondent no. 2 issued notice to the representatives of the petitioner no. 1 namely Khoka Mallick and B.B. Rai alleging encroachment over the land appertaining to Khata No. 1, plot no. 455/P, Ward No. 13, P.S.- Burmamines, Jamshedpur District- East Singhbhum measuring an area of 20' x 90' which has no concern with the petitioners. However, the petitioners replied the said notice stating that they had no concern with Khata No. 1, plot no. 455/P and requested for dropping of the said land encroachment proceeding initiated against them. Despite the said fact, the respondent no. 2, vide order dtd. 7/1/2022, again issued notice to the aforesaid representatives of the petitioner no. 1 the said case directing them to remove the alleged encroachment from the land appertaining to Khata No. 1, plot no. 455/P, Ward No. 13, P.S.- Burmamines, Jamshedpur District- East Singhbhum measuring an area of 20' x 90'. Being aggrieved with the said order, the petitioner no. 1 preferred an appeal before the Deputy Commissioner, East Singhbhum, Jamshedpur which was registered as J.P.L.E. Appeal No. 76 of 2022. Though the said appeal is still pending, the respondent no. 2, in a most illegal and arbitrary manner, demolished part of the boundary wall of the petitioners treating it to be an alleged encroachment over plot no. 455/P. According to the petitioners, pursuant to issuance of notice dtd. 23/5/2022, they filed reply on 7/6/2022 as well as on 25/6/2022 before the respondent no. 2 raising question with regard to jurisdiction of the said respondent in initiation of proceeding against them being J.P.L.E. Case No. 29/TL/2022-23, however the respondent no. 2 has not taken any decision on the said reply.

(3.) Heard learned counsel for the parties and perused the content of the writ petition.