TASLIM MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order passed in B.P.L.E. Case No.60 of 2016 issued under the signature of respondent no.2 vide order dated 07.06.2016 upon which the petitioners were directed to appear before the respondent no.2 to showing cause to him as to why the encroachment over the said forest land as described in the notice pertaining to Plot No.2 of Khata No.44 measuring 0.10 Acre be not removed.

(2.) It is the case of the petitioner that land measuring 38 Acres within Khata no.44 situated at village Ghurnibera, Thana No.210, P.S. Tundi, District-Dhanbad, is the khatiani land of the petitioner and the proforma respondent, originally the said land was in the name of first ancestor Jahlu Mian and since then the ancestor of the petitioners and proforma respondents have been coming to the rightful and peaceful possession over the land by paying rent on accepting the same, in view thereof, the petitioner is having perfect title over the land in question, the issue of title has been raised by filing case being Case No.175 of 2001 initiated under the provision of Section 87 of the Chota Nagpur Tenancy Act, whereby and whereunder the Revenue Officer, Dhanbad has passed an order dated 19.11.2007 by which it has been ordered to treat the entry of the name of the ancestor of the petitioners in the record of rights, against which the appeal has been preferred before the District Judge cum Judicial Commissioner, Dhanbad being Title Appeal No.52 of 2008 but the same has been dismissed for non- prosecution vide order dated 20.12.2013, against which no steps have been taken by the State authority for its restoration while on the other hand only in order to harass the petitioners, has issued notice directing them to show his cause as to why they be not vacated by removing them from the encroached area, against which this writ petition has been filed.

(3.) It is the contention of the learned counsel for the petitioner that when the competent authority under the provision of Section 87 of the Chota Nagpur Tenancy Act, 1908 has passed an order declaring therein that the name of the ancestor of the petitioner is to be entered in the record of rights, against which an appeal has been filed under the provision of Section 90 of the Chota Nagpur Tenancy Act, 1908 but the same has been dismissed, although on default vide order dated 20.12.2013, but till date no steps have been taken for its restoration, therefore, the order passed by the original authority on 19.11.2007 has attained its finality but ignoring the same, notice are being issued treating the petitioners as encroacher of the land, therefore action of the authorities is per se illegal and only to harass and, therefore, is not sustainable.