BASUDEO MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties. In this writ petition the petitioners have prayed for issuance of appropriate writ(s)/order(s)/direction(s) immediately and forthwith restraining the respondents from encroaching the raiyati land of the petitioners at Mauza Polkiri, Mauza 241, Old Khata No. 85, New Khata No. 255, old/ New plot Nos. 2447/2476,2448/2481 and 2449/2480 measuring total 4 acres and 63 decimals as per old Khatian and 4 acres and 35 decimals as per new Khatian at P.S Chandankiari district Bokaro and further restraining them from unauthorized road construction in the said land of the petitioners as same is wholly illegal and unconstitutional as the said land has never been acquired under the law nor any notification for acquisition of the same has ever been published and no compensation has ever been paid.

(2.) The learned counsel for the petitioners stated that the petitioners are the raiyati owners of the land at Mauza Polkiri, Mauza 241, old Khata No. 85, New Khata No. 255,old/ new plot nos. 2447/2476,2448/2481 and 2449/2480 measuring total 4 acres and 63 decimals as per old Khatian and 4 acres and 35 decimals as per new Khatian at P.S Chandankiari District Bokaor Jointly recorded in the name of Babulal Mandal(father of petitioner no.1) Jaidev Mandal (Petitioner no.3) and Khandu Mandal (father of petitioner no.2) and the same is inherited by the petitioners and other legal heirs of the said recorded raiyats and they are having possession of the said land. The learned counsel further stated that the petitioners are regularly and continuously paying the rent for the said land at Mauza Polkiri Mauza 241, old Khata No. 85, New Khata No. 255 Old /New Plot Nos. 2447/2476,2448/2481 and 2449/2480 measuring total 4 acres and 63 decimals as per old Khatian and 4 acres and 35 decimals as per new Khatian at P.S Chandankiari district Bokaro. It is also stated that the petitioners and other legal heirs of the recorded raiyats are having right and title over the said land and they are also enjoying possession over the said land since long. However, all of a sudden, they were shocked and surprised to find that respondent no. 5 is encroaching their land and is a construction land over a part of the said land in an unauthorized manner as the said land is the raiyati land of the petitioners and the same has never been acquired nor any notification for acquisition has ever been published nor any compensation has ever been paid and as such the construction of road over the said land is unauthorized, illegal, arbitrary and without jurisdiction. The learned counsel for the petitioners further submitted that representation to the effect filed by the petitioners to the Deputy Commissioner, Bokaro has not been been considered till now. It is also stated that from the records of the case it appears that preliminarily,the petitioners have some grievances or reservations regarding steps taken by the HCL company.

(3.) In the aforesaid view of the matter,till next date of hearing, respondents are restrained from encroaching the raiyati land and to make construction or any other activity on the same lands of the petitioners, description of which is stated above.