MD. SHAKIL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondents.

(2.) Mr. Mahesh Tewari, the learned counsel for the respondent no. 5 -the Divisional Railway Manager, South Eastern Railway, Chakradharpur, West Singbhum referred to paragraph no. 3 read with paragraph no. 13 of impugned judgment and submitted that the appellant despite being conscious of the provision of Public Premises (Eviction of Unauthorized Occupants) Act, 1971 had voluntarily proposed for an inspection through a Court appointed Pleader Commissioner to ascertain the area in question and Pleader Commissioner submitted a report recording a finding that the appellant has illegally encroached the piece of land, which is required by the Railways for construction of the railway over -bridge in Jugsalai, Jamshedpur.

(3.) It is further submitted by the learned counsel for the respondent no. 5 that no interim order may be granted in favour of the appellant.