(1.) The Notice dated 25.07.2019 passed in B.P.L.E Case No.98 of 2019- 20 has been challenged whereby and whereunder the petitioner has been directed to satisfy the authority about alleged encroachment over the land in question which is the subject matter herein. It is the contention of the learned counsel for the petitioner that the land is not in the nature of public land and as such the provision of Public Land Encroachment Act as applicable in the State of Jharkhand, is not attracted, therefore, the impugned notice is without jurisdiction.
(2.) The further point has been agitated in questioning the said notice that the petitioner is in possession of the land since last 64 years as per the entry made in the khatian and the petitioner by virtue of his possession over the land, the nature of adverse possession cannot be effected on the garb of removal.
(3.) Learned A.C to Sr. S.C-III appearing for the State of Jharkhand has submitted that since the petitioner is raising factual aspects and has already approached before the authority in terms of the notice, therefore, since notice is within jurisdiction by which the petitioner has been called upon to satisfy the authority about alleged encroachment, it would be appropriate for the petitioner to approach before the authority concerned for adjudication of the issue.