DHRUW SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India wherein prayer has been made for quashing the Memo no.329 dated 05.07.2017 (Annexure-14) and further for direction to the respondents to release and return the Case Security/Bank Guarantee of Rs.2,00,000/ in favour of the petitioner.

(2.) The brief facts of the case of the petitioner as per the pleadings in the writ petition is that encroachment eviction from public premises was initiated by the office of Accountant General in between the period 16th July 2016 to 20th July 2017. It was found that the petitioner no.1 was an encroacher. On 20th July 2016 it was detected that he was occupying the government quarter (C type) from last 10 years and using the water and electricity facilities, therefore, he has been noticed and a proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 has been initiated due to unauthorized occupation.

(3.) At that juncture he filed an interlocutory application in a Public Interest Litigation before this Court being W.P.(PIL) No.3849 of 2016, Hon'ble Division Bench of this Court while hearing the aforesaid application has directed the Accountant General to release the vehicles bearing registration no.JH-01CA-2966 (Eco Sport car) and one Jeep bearing registration no.BPQ-6496, after furnishing cash security bank guarantee of Rs.2,00,000/- in the name of Principal Accountant General to be deposited before the Principal Accountant General (Audit) with a condition that they will not transfer the vehicles to any other third party during the pendency of the case and will not change the registration number, engine number and chessis number. Subsequently the aforesaid public interest litigation has been disposed of rendering it as infructuous.