DUMNI MURMU @ D MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder order dated 27.11.2018 passed in BPLE Case No. 07/2018-19 has been assailed mainly on the ground that while issuing such notice the procedure, as laid down under the Bihar (Now Jharkhand) Public Land Encroachment Act, 1956 (herein after referred to as "Act, 1956"), has not been followed.

(2.) This Court, after hearing learned counsel for the petitioner, on 17.09.2019 has passed an order directing the personal appearance of Circle Officer, Gamharia to come with the original record in order to scrutinize abut the observance of the procedure, as laid down under the Act, 1956.

(3.) Mr. Prashant Pallav, learned G.A. IV appearing for the respondents-State of Jharkhand has submitted that the present incumbent, who is holding the post of Circle Officer, Gamharia, namely, Mr. Dhananjaya, is present with the original record. He further submits by going across the original record the stand which has been taken by the petitioner about non-observance of the procedure laid down under the provisions of Act, 1956 has not been followed, is correct, therefore, he is in agreement with the submission and the ground agitated by the petitioner in the writ petition wherein the prayer has been sought for quashing of the notice dated 27.11.2018, which admittedly has been passed without observance of procedure, as laid down under the Act, 1956.