KAUSHAL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioners have prayed for directing the respondents not to demolish the house of the petitioners pursuant to the order dated 07.11.2013.

(2.) It has been stated that a proceeding was initiated under the purported provision of Bihar/Jharkhand Land Encroachment Act. Notice was issued to petitioner no.2. He filed his show-cause reply, but the same was not accepted on the ground of delay and ex parte order has been passed holding the petitioner's raiyati plot a public land and directing him to remove encroachment. The petitioner no.2, thereafter, preferred appeal before the Deputy Commissioner, Chatra with the prayer for stay of the operation of the order passed by learned Circle Officer, Chatra. The said appeal has been registered as Land Encroachment Appeal No.27/2013. However, the said appeal has not been heard till date and no order of stay has been passed by the appellate authority. The Sub-Divisional Officer, Chatra, in the meanwhile, has issued a notice for removing the alleged encroachment including the petitioners' residential house. The petitioners, having no alternative, have filed the writ petition.

(3.) It has been submitted that the land in question is the petitioners' raiyati land and they have been paying rent to the State. The house in question is the only residential accommodation and shelter for the entire family. If the operation of the impugned order passed by the Circle Officer is not stayed during pendency of the appeal before the Deputy Commissioner, Chatra, the petitioners' residential house shall be demolished in the name of removal of encroachment and the entire family shall be rendered shelterless in this chilly winter. The petitioners and the family members shall be put to suffer irreparable loss and injury and shall be highly prejudiced.