Shree Krishna Singh vs The State Of Jharkhand
2021 Latest Caselaw 3124 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       W.P.(C) No. 2540 of 2021
                                 With
                       W.P.(C) No. 2765 of 2021
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Shree Krishna Singh ..... ... Petitioner [in W.P.(C) No. 2540/2021] Sumeshwar Sharma ..... ... Petitioner [in W.P.(C) No. 2765/2021]

-Versus-

1.   The    State of Jharkhand
2.   The    Deputy Commissioner, Dhanbad
3.   The    Additional District Magistrate (Law & Order), Dhanbad
4.   The    Sub-Divisional Officer, Dhanbad
5.   The    Circle Officer, Govindpur Circle, District- Dhanbad
                                      .... .... Respondents (in both cases)

CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Lukesh Kumar, Advocate [in W.P.(C) No. 2540/2021] Mr. Abhay Prakash, Advocate [in W.P.(C) No. 2765/2021] For the State : Mr. Indranil Bhaduri, S.C.-IV [in W.P.(C) No. 2540/2021] Mr. Ravi Prakash Mishra, A.C. to A.A.G.-II [in W.P.(C) No. 2765/2021]

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Order No. 03 Dated: 25.08.2021

The present cases are taken up today through video conferencing.

2. Pursuant to order dated 22.07.2021 passed in W.P.(C) No. 2540 of 2021, Mr. Ramji Verma, Circle Officer, Govindpur, Dhanbad (the respondent no. 5), is present through virtual mode.

3. Mr. Indranil Bhaduri, learned S.C. IV appearing on behalf of the respondents in W.P.(C) No. 2540 of 2021, submits that a show cause affidavit has been filed by the aforesaid officer tendering unconditional and unqualified apology for violating the judgment dated 03.01.2019 passed by the Principal District Judge, Dhanbad in Civil Miscellaneous Appeal No. 17 of 2018.

4. It has been averred in the said show cause affidavit that in view of the aforesaid judgment, the petitioners cannot be treated as encroachers as on today. However, due to misconception, the petitioners were issued the impugned notice as contained in memo no. 871 dated 13.07.2021 by the deponent directing them to submit the relevant documents with regard to the land in question. The said notice dated 13.07.2021 nevertheless has been recalled vide subsequent notice as contained in memo no. 1056 dated 19.08.2021 issued by him, a copy of which has been annexed as Annexure-A to the said show cause affidavit.

5. Having heard the learned counsel for the parties and keeping in view that the impugned notice as contained in memo no. 871 dated 13.07.2021 issued by the respondent no. 5 has now been recalled, the show cause affidavit filed by the aforesaid officer in W.P.(C) No. 2540 of 2021 is accepted. Accordingly, this Court does not want to proceed any further against the aforesaid officer.

6. Since, the grievance of the petitioners raised in the present writ petitions has already been redressed by recall of the impugned notice as contained in memo no. 871 dated 13.07.2021, nothing remains to be adjudicated by this Court. Both the writ petitions are accordingly disposed of.

(Rajesh Shankar, J.) Ritesh/