SMT. LAXMI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners laid a challenge to the notices contained at Annexure - 7 Series issued by respondent no.4, District Engineer, District Board, Deoghar dated 24th June, 2004 bearing Memo Nos. 67, 68, 70, 72 and 74 in respect of individual petitioners directing them to vacate the shop constructed over Plot no. 88, Thana no. 119, Mouza - Jasidih, District Deoghar within three days of the notice. They also assailed the notice dated 3rd Aug., 2004 (Annexure - 8) issued by respondent no. 6, Circle Officer, Deoghar directing them to produce documents in their support, failing which, the encroachment over the piece of land would be removed at their own cost. Petitioners assailed the impugned orders on the grounds that they cannot be evicted forcefully without taking recourse of law. They also set up a case that they are tenants of Shri Yugal Kishore Surajmal Ruia Trust to whom they have been making payment of rent as per Annexure - 3 Series and Annexure - 13 to rejoinder. According to them, they are tenants of the shop situated at Plot no. 88, Thana no. 119, Mouza - Jasidih, District - Deoghar, which is the trust property of Shri Yugal Kishore Surajmal Ruia Trust. They have been paying rent to the trust through its receiver appointed by Honourable Calcutta High Court in Suit no. 70/1966 consequent Appeal no. 111/1977 vide order dated 20th Feb., 2003. It is stated that the said suit is still pending and they are lawful tenants of Shri Yugal Kishore Surajmal Ruia Trust. It is also their case that in the year 1996, the respondent no. 2, Deputy Development Commissioner - cum-Chief Executive Officer, District - Deoghar issued notice under various Memo numbers dated 8th Oct., 1996 stating that Title Suit filed by Shri Yugal Kishore Surajmal Ruia Trust against the District Board being Title Suit No. 75/1978 has been dismissed on 3rd May, 1991. Again notices were issued in the year 1998 which are annexed as Annexure - 4 and 5 Series.

(3.) It is submitted by learned counsel for the petitioners that even those letters show admission of possession of the petitioners over the shops situated at plot no. 88. The only dispute is with regard to title of the plot no. 88. Petitioners have been paying municipal tax for the shops in question over the plot of land falling within the jurisdiction of Notified Area Committee, Jasidih (Deoghar), Annexure - 6. By the impugned notice, these petitioners have been asked to vacate the premises within a period of 3 days, failing which they would be removed in accordance with law. It is submitted that proceedings, if any, for removal of the alleged encroachment or their dispossession has not been initiated in accordance with law. They have been simply given three days time to vacate the shop. Therefore, they have approached this Court. They have been protected by the interim order dated 4th Oct., 2004 passed earlier.