ZEYAUL HODA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has challenged the notice dated 18.11.2005 issued under Bihar Public Land Encroachment Act and the proceedings pursuant thereto.

(2.) PETITIONER 's case is that the area of 27 decimals and 4 decimals, total 31 decimals under plot Nos. 35 and 20 in Khata No. 471 of village -Chitarpur, P.S. Ramgarh was settled to his father in the year 1961 in Settlement Case No. 4/1961 -1962. A proceeding being Encroachment Case No. 22/1988 -1989 22/1988 -1989 was started for removal of encroachment over plot No. 2347 of Khata No. 471. Petitioner appeared and said that he has got no concern with plot No. 2347 and moreover on measurement it was found that there was no encroachment on plot No. 2347 and accordingly in the year 1988, the proceeding was dropped. But without specifying plot number, the impugned notice dated 18.11.2005 was issued to the petitioner. However, petitioner filed show cause but without passing any order, the respondents started demolishing the construction made over plot No. 2347. Mr. Rohit Roy further submitted that the petitioner did not make any further construction on his own plots i.e. plot Nos. 35 and 20 after 1988 and therefore there was no occasion for starting a fresh proceeding. Relying on 2000 (1) PLJR 209, he submitted that for deciding complicated questions of title, State should file suit.

(3.) IN the said case 2000(1) PLJR 209, the petitioner therein was claiming settlement and possession under Basjit Parcha from about 40 years. But in the present case, when the petitioner is not claiming any right, title, interest and possession over plot No. 2347, why the State should be directed to file suit.