ARBIND KUMAR JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the counsel for the parties. Petitioners in both the cases have preferred the writ petitions seeking quashing of the order dated 7.9.2006 in Public Land Encroachment Case No. 2/06 -07 & 3/06 -07 respectively, which are said to have been initiated pursuant to the order dated 16.7.2006 passed in W.P. (PIL). No. 2309 of 2005.

(2.) IT is submitted on behalf of the petitioners that they are the person out of the 14 persons upon whom notices were issued in the said Public Land Encroachment cases but by the order dated 7.9.2006 the Circle Officer recorded that issues involved in the instant cases are to be governed in terms of the order to be passed in an appeal before the Deputy Commissioner, Godda in R.M.A. Case No. 2/06 -07.

(3.) COUNSEL for the petitioner further submitted that the land in question which is being referred to in the said para of the show cause is the same plot of land where petitioners are residing over the said plot no. 8 for more than 3 decades by now. It is further submitted that plot no.6 and 7 are contiguous to plot no. 8, which have been declared as rayati land in view of the decision of the Patna High Court reported in 1969 PLJR 373 in C.W.J.C. No. 738 of 1967. In that view of the matter, counsel for the petitioners submitted that though the petitioners are residing there in their houses constructed over the plot no. 8 in question and have not been threatened for any coercive action till date but the order passed in R.M.A. Case no. 2/06 -07 still stand on the face of it against the petitioners though they were never parties in the said appeal and never allowed to defend in the findings of the said appeal.