BIRENDRA KUMAR JAISWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these Letters Patent Appeals arising out of three writ petitions being W.P (C) Nos. 1515, 1516 & 1527 of 2016 were taken up by the Writ Court together as the issue involved in the writ petitions relates to eviction of the appellantwrit petitioners (hereinafter called as writ petitioners) from the land falling within Plot No.183 under Khata No.3, Mouza Jugsalai as recorded in the Revisional Survey Records of Rights published in the year 1965.

(2.) Admittedly, writ petitioners are not claiming title/rightful ownership over the disputed land and the stand taken by them, as one finds from the pleadings is that they being in possession over the disputed property since long, some of them also erected houses or other structures including shops etc. cannot be evicted by a mere notice. South Eastern Railways, Tatanagar, claiming itself to be the owner of the said property when issued notices on 10th/11th March, 2016 to the writ petitioners for vacating the land giving them a week's time, the writ petitioners moved the Writ Court by filing the aforesaid three writ petitions, which came up before the Writ Court initially on 19th March, 2016, on which date the following order was passed;

(3.) The matter was taken up on 12th April, 2016, when the pleadings by both the sides were complete. What appears from the records is that on the proposal of both the sides, a Pleader Commissioner (Advocate of this Court) was appointed to carry out the inspection of the premises in question. A detailed order was passed in this regard by learned Writ Court. We feel it apt to reproduce the same. It reads thus;