Mithilesh Kumar Jha vs The State Of Jharkhand Through ...
2021 Latest Caselaw 4295 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  W.P. (PIL) No. 6048 of 2018
Mithilesh Kumar Jha        ...   ...   ...   ...   ...   Petitioner
                           Versus
1. The State of Jharkhand through Principal Secretary, Urban
   Development, Government of Jharkhand, Ranchi
2. Deputy Commissioner, East Singhbhum, Jamshedpur
3. Senior Superintendent of Police, East Singhbhum, Jamshedpur
4. S.D.O, Jamshedpur
5. Jharkhand State Housing Board, Ranchi
6. Executive Engineer, Jharkhand State Housing Board, Jamshedpur
   Division
7. Circle Officer, Karandih, Jamshedpur
8. Officer in Charge, Baghbera Police Station, Jamshedpur
9. Rajendra Prasad Yadav          ...   ...    ...      ...     Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner: Mr. Manish Kumar, Advocate For the Resp.-State: Mr. Sreenu Garapati, S.C.-III For Resp. No.9: M/s. P.P.N. Roy (Senior Advocate), Pandey A.N. Roy, Advocate

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Oral Order 11/Dated: 20.11.2021

Heard the parties.

It is regretted that neither the State nor the Housing Board has

been able to bring on record any document by which the land in

question has been transferred in favour of the Housing Board.

Mr. Sreenu Garapati, learned S.C.-III, is not in a position to say

that even after passing an order by the learned Single Bench of this

Court in C.W.J.C. No. 614 of 1983 (R) dated 25.07.1996 holding that

the alleged transferor of the concerned private respondent has been

able to raise the dispute of title, therefore, the encroachment case

against him would fail under the Public Land Encroachment Act until

and unless the matter of title is decided by a court of competent

jurisdiction in favour of State, such Title Suit was filed by the State

and if yes, what was its result and if not, then how in another way the

transferee can again be dragged and dislodged from the land in

question? No stand has been taken by anybody that the aforesaid

order passed by the learned Single Bench was tested before the

Division Bench by filing any appeal. In such a situation, that judgment

would be binding upon the State of Jharkhand in identical manner as

it was binding upon the State of Bihar at that relevant point of time.

Let specific affidavit be filed explaining the above issues by both

the State of Jharkhand as well as by the Housing Board.

Put up this case on 10.12.2021.

In the meantime, let the status quo, as existing today, be

maintained by the parties.

(Dr. Ravi Ranjan, C.J.)

(Sujit Narayan Prasad, J.) Manoj/Saket