AKASH DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder notices dated 25.04.2017 and 15.05.2017 issued by the Circle Officer, Nirsa are under challenge, by which, the petitioners have been directed to remove the encroachment within a week from the date of issuance of the aforesaid noticed.

(2.) It is the claim of the petitioners that after recommendation having been made by the revenue authority for settlement of land in question in their favour, the petitioners have been treated to be Raiyat and to that effect a Khatiyan has been issued referring their name therein and as such they cannot be said to be an encroacher.

(3.) Counter affidavit has been filed by the State respondent inter aila therein stand has been taken that the land is in the nature of "Gair Awad"? and the status of the petitioners as of Raiyat, has never been accepted by the State authority. It has further been stated by refuting the claim of the petitioners on the basis of the Khatiyan by taking the ground that the C.S. Khatiyan has been disputed since then, Khatiyan has not been prepared in consonance with the provision as has been provided under Section 81 and 83 of the Chotanagpur Tenancy Act, 1908 (hereinafter referred to as the Act, 1908).