BINOD KUMAR PRAJAPATI Vs. THE STATE OF JHARKHAND THROUGH THE DEPUTY COMMISSIONER WEST SINGHBHUM, CHAIBASA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The order dated 30.8.2016 containing the grievance of the petitioner is recorded herein below:-

(3.) Counter affidavit has been filed on behalf of the respondents on 17.9.2016 with copy to the other side. It is not in dispute now that the proceedings under Bihar Public Land Encroachment Act, 1956 have not been initiated for removal of any alleged encroachment on behalf of the petitioner though the Circle Officer, Sadar, Chaibasa has issued the impugned notice at Annexure-3 dated 20.8.2016 in Misc. Case No. 1 of 2016-17 after the jamabandi pertaining to plots in question were cancelled by the Deputy Commissioner, Chaibasa on 7.8.2012. In the counter affidavit respondents have taken a stand that the mutation of the lands in question was wrongly done by the then Circle Officer as there was no right and title of the vendor to execute sale deed in favour of father of the petitioner. It has also been stated that the plot no. 90 a to k area 1.01 acre and 748 bargkadi under Khata no. 303 of ward no. 5, Chaibasa has been recorded in the name of Anabad Bihar Sarkar in the record of right published during current survey, 1972 with remarks as Dakhal- Awaidh Dakhal Dilip Prabal, Jyoti Prabal, Mihir Prabal since 1951. Annexure- A is the photo copy of the record of rights enclosed to the counter affidavit.