Jharkhand High Court
Neelam Jaiswal vs The State Of Jharkhand & Ors on 6 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 3035 of 2011
Neelam Jaiswal .... .. ... Petitioner
Versus
The State of Jharkhand & Ors. .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
.........
For the Petitioner : Mr. Ayush Aditya, Advocate
Mr. Akash Deep, Advocate
For the respondents-State : Mr. Manoj Kumar, G.A.-III
The matter is being taken up through Video Conferencing. Learned counsel for the parties
have no objection with it and submitted that audio and video qualities are good.
......
06/ 06.12.2022.
Heard, learned counsel for the parties.
Learned counsel for the petitioner, Mr. Ayush Aditya has submitted, that
petitioner- Neelam Jaiswal has preferred this writ petition for quashing the notice
bearing Memo No.134 dated 04.06.2011 passed under Section 6(2) of the Bihar
Public Land Encroachment Act, 1956 brought on record as Annexure-9, though
earlier notices were issued under Section 3 of the Act on 07.05.2011 and
30.04.2011, which have been brought on record as Annexure-6 and 7 and the
petitioner has filed her show-cause but thereafter no date was fixed and thus,
notice was issued under Section 6(2) of the Bihar Public Land Encroachment Act,
1956.
Learned counsel for the petitioner, Mr. Ayush Aditya has further submitted,
that initial notice was issued to the petitioner under Section 3 of the Bihar Public
Land Encroachment Act, 1956 vide Memo No.99 dated 07.05.2011 issued under
signature of Collector-cum- Anchal Adhikari, Bhawnathpur with respect to plot
no.3 of Village- Bhawnathpur, area 0.2/3 decimals, thana no.54, P.S.-
Bhawnathpur in the District- Garhwa.
Learned counsel for the petitioner, Mr. Ayush Aditya has further submitted,
that petitioner has filed a show-cause stating therein that earlier a proceeding was
initiated against Hari Kisun Sao and Mewa Sao vide Land Encroachment Case
No.15/1975-76 in which the order passed by the Circle Officer, Bhawnathpur,
Garhwa dated 22.10.1975 has been set aside by the learned District Judge in
Miscellaneous Appeal No.43 of 1975, which has been brought on record as
Annexure-4.
Learned counsel for the petitioner, Mr. Ayush Aditya has further submitted,
that petitioner has purchased the land vide registered sale deed executed by son of
Mewa Sao namely, Jawahar Lal Jaiswal in favour of Neelam Jaiswal with respect
to area 0.02/3 decimals of lands together with the building situated thereon
comprised within Plot no.3/16 under Khata No.178 of Mouza- Bhawanathpur,
P.S.- Bhawanathpur, District- Garhwa.
Learned counsel for the petitioner has further submitted, that counter-
affidavit has been filed by Deepak Kumar, S/o Late Inder Ram, the then Circle
Officer, Bhawnathpur, Garhwa on 25.07.2011 stating therein that para 9 that the
registered sale deed dated 07.12.2005 having land of 0.02/3 decimal within Plot
No.3/16, which was purchased by the petitioner from Jawarlal Jaiswal, S/o Late
Mewa Saw, who owned the land through Misc. Appeal No.43/1975 by the court of
the District Judge, Palamau, which was bazar land under Khata No.178, Plot No.3,
Village- Bhawanathpur. The total area of Plot No.3 under Khata No.178 of land is
168.00 acres. The type of land is Jungle Jhari as mentioned in cadastral survey
khatiyan, which is a very big plot and the District Judge has been passed the order
of that land, which was belonging to the Bazar, but not the P.W.D. Road. The
registered sale deed also shows P.W.D. Road (Pucca Road) on the west of
boundary of the claimed land. The order for removal of encroachment from P.W.D.
Road has been passed by the answering respondents instead of decrees land from
which the petitioner purchased through registered deed dated 07.12.2005. Hence
the encroachment does not relate to the land mentioned by the petitioner in the
writ petition, rather the same relates to the land of P.W.D. Road.
Learned counsel for the petitioner, Mr. Ayush Aditya has further submitted,
that since notice which has been issued against the petitioner is not with respect to
his land, which is purchased by him as part of Plot no.3/16, petitioner is not
claiming the plot no.3 as stated in the notice, as such, he has nothing to do with the
encroachment notice issued by the Collector-cum- Anchal Adhikari, Bhawnathpur
as contained in Memo no.99, but certainly the petitioner is aggrieved that without
deciding show-cause of the petitioner, the Circle Officer has issued a notice under
sub Section (2) of Section 6 of the Bihar Public Land Encroachment Act, 1956
vide Memo No.134 dated 04.06.2011, which has been brought on record as
Annexure-9, as such, petitioner has nothing to do with the aforesaid notice except
that Annexure-9 may be quashed.
Learned counsel for the respondents-State, Mr. Manoj Kumar, G.A.-III has
further submitted, that petitioner is only harping upon the land he has purchased
having specific Plot no.3/16 under Khata No.178 of Mouza- Bhawanathur, P.S.-
Bhawanathpur, District- Garhwa whereby he has purchased 0.02/3 decimal of
lands on 07.12.2005 and petitioner never claim Plot no.3, area 0.02/3 acres of
thana no.54, Village- Bhawanathpur, P.S.- Bhawanathpur, for which notice has
been issued under Section 6 of the Act, as such, respondents may proceed in that
matter, but petitioner has never encroached upon it and notice under Section 6(2)
of the Act cannot be issued against the petitioner as the petitioner is not encroacher
rather he has submitted before the Circle Officer, Bhawanathpur, Garhwa that he
has no claim over the said land.
Considering the same, notice under Section 6(2) of the Act issued against the
petitioner, which has been brought on record as Annexure-9 vide Memo No.134
dated 04.06.2011 is hereby set aside.
The State is free to proceed against the person, who has encroached over the
land of Government as mentioned in Plot No.3, thana no.54, P.S. Bhawanathpur,
Village- Bhawanathpur, District- Garhwa by issuing a notice to the encroacher and
proceed as the petitioner is not claiming over the same. Before parting with this
judgment, this Court shows displeasure towards the Circle Officer, Bhawanathpur,
Garhwa, who has annexed documents as Annexure-A series, which is incomplete
document.
The State should issue a general notice to all the officers, that the document
must be served and filed in the court having continuation.
Learned counsel for the respondents-State, Mr. Manoj Kumar, G.A.-III has
submitted, that document ought to have been filed in detail, but since the counter-
affidavit has been filed in the year, 2011, he cannot make it more clear.
Under the aforesaid circumstances, learned counsel for the respondents-State,
Mr. Manoj Kumar, G.A.-III is directed to inform the Secretary, Department of
Revenue, Registration and Land Reforms, Government of Jharkhand about filing
of the document by the officers.
Accordingly, the instant writ petition is allowed. So far petitioner's case is
concerned. The Annexure-9 is hereby quashed and the State is free to proceed with
regard to issue notice under Section 3 of the Act, 1956 vide Memo No.99 against
the encroacher as the petitioner has specifically stated that he has not encroached
over the said land.
Let a copy of this order be communicated to the Secretary, Department of
Revenue, Registration and Land Reforms, Government of Jharkhand through
FAX/ e-mail.
(Kailash Prasad Deo, J.)
R.S.
