NANDAN JEE MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioners have approached this Court against a notice bearing memo no. 185 dated 01.02.2016 issued by the Respondent No. 6 - Circle Officer, Dhanbad (Annexure-7) asking them to vacate the premises situate at plot no. 3479, khata no. 175, thana no. 08, mouza-Saraidhela, having an area of 14 decimals in which, a house is also situate on an area of 03 decimals.

(3.) As would appear from the enclosed annexures, petitioners got notice of Public Encroachment starting from memo no. 2384 dated 07.10.2015 asking them to appear with all relevant documents of property in question before the Respondent No. 6. Petitioners seem to have asked for further time which was granted by memo dated 09.11.2015. Petitioners seem to have again requested for further time on the grounds that it relates to the properties of their father and that, civil suit has already been instituted bearing no. 443/2015 before the Court of Civil Judge (Senior Division), Dhanbad in which the Circle Officer, Dhanbad is also Defendant No. 6. Petitioners were again served with a notice bearing no. 2822 dated 22.12.2015 to appear with all relevant documents, but they again sought indulgence through a request made by Advocates' notice dated 15.01.2016 taking a plea of pendency of the civil suit. The impugned notice has thereafter been issued referring to the order passed in Encroachment Case No. 13/2015-2016 dated 01.02.2016.