BHARDWAJ STEELS PRIVATE LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellants -writ petitioners (hereinafter to be referred as 'petitioners') being aggrieved of the notice issued to them under Section 3 of the Bihar Public Land Encroachment Act, 1956 ( for short 'Encroachment Act'), wherein they were directed to remove encroachment upon plot no. 215, area Barganda of village -Barganda, Thana No.92, PS -Giridih, District -Giridih, which, according to respondents, is a public land as defined under sub -section(5) of Section 2 of Encroachment Act, knocked at the door of Writ Court through the medium of W.P.(C)No.1264 of 2015, which now stands dismissed vide impugned judgment of learned Single Judge dated 9th April, 2015, reserving the right of petitioners to approach the appellate authority and produce the entire evidence with respect to their title and lawful possession or possession of their vendors over the land in question, there being specific remedy of filing appeal available to the petitioners under Section 11 of the Encroachment Act.

(2.) AGGRIEVED of the said judgment, petitioners have filed the instant Letters Patent Appeal in which Mr.Atanu Banerjee appears for the respondents. Service is thus complete.

(3.) THE instant appeal is at the admission stage and with consent of learned counsel for the parties, we have taken it on Board for its final consideration.