DILIP KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the notice dated 29.02.2016 passed by the Circle Officer, Nirsa, Dhanbad as contained under Memo No.249 is under challenge, by which, the petitioners have been directed to remove the encroachment upon the said land, failing which, the action would be taken for removing the encroachment from the land in question.

(2.) It is the case of the petitioners that although in the notice impugned there is reference of an order passed under sub-section (1) to Section 6 of the Bihar/Jharkhand Public Land Encroachment Act, 1956 (hereinafter referred to as the Act, 1956) but according to him, no such order has been passed giving declaration to the effect for removing the encroachment and therefore, in absence of an order, the issuance of notice by taking aid of an order passed under Section 5(1) of the Act, 1956 is not sustainable in the eye of law.

(3.) This Court after hearing the learned counsel for the petitioner has passed an order on 10th July, 2019 wherein the learned State counsel was directed to bring on record the copy of the order passed along with order-sheet said to have been initiated under the provision of Act, 1956, in pursuance thereto, the present Circle Officer, Nirsa, Dhanbad namely Mr. Modassar Nazar Mansuri has appeared along with the original record.