LAWS(JHAR)-2005-9-24

BHOLA PRASAD SINHA Vs. STATE OF JHARKHAND

Decided On September 01, 2005
Bhola Prasad Sinha Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) IN this writ application the petitioner has prayed for quashing the order dated 14/10/2005 passed by the Circle Officer, Town Anchal, Ranchi in Encroachment Case No. 09/01 -02 whereby he has directed the petitioner to remove the encroachment over a portion of the land in question comprised within survey plot No. 948, Khata No. 1, thana No. 202 situated at village Hesal, district -Ranchi and also for quashing the order dated 28.05.2005 passed by Additional Collector, Ranchi in Encroachment Appeal No. 2R 15 of 2004 -05 affirming the order passed by the Circle Office, Ranchi.

(3.) A counter affidavit has been filed on behalf of respondent Nos. 2, 3 and 4, namely, the Deputy Commissioner, Additional Collector and the Circle Officer, Ranchi, affidavit of which has been sworn by the Circle Officer. In the counter affidavit the purchase of land by the petitioner after obtaining permission from the Deputy Commissioner under Section 27 of the Act, the mutation of the name of the petitioner in the revenue records as also in the records of the Municipal Corporation has not been denied by the respondents. The stand taken by the respondents is that the land was acquired under the Land Acquisition Act in the year, 1965 for Public Health Engineering Department and possession of the same was delivered to the department and, in this way, the land in question is a public land.