Jharkhand High Court
Sheo Narayan Mahato @ vs State Of Jharkhand & Ors on 22 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.5585 of 2022
With
I.A. No.10612 of 2022
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Sheo Narayan Mahato @
Shiv Narayan Mahata & Ors. .......... Petitioners.
-Versus-
State of Jharkhand & Ors. .......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Mr. Prashant Pallav, Advocate
For the State : Ms. Omiya Anusha, A.C. to A.A.G.IA
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Order No.03 Date: 22.12.2022
The present writ petition has been filed for quashing and setting
aside the order dated 24th September, 2022 (Annexure-6 to the writ
petition) passed by the Deputy Commissioner, Deoghar- respondent
no.2 in Rev. Misc. Appeal no.12 of 2021-22, whereby the appeal
preferred by the petitioners against the order dated 2nd August, 2021
passed by the Sub Divisional Officer, Deoghar-respondent no.3 in
Encroachment Case no.2 'A' of 2020-21 has been dismissed. Further
prayer has been made for quashing and setting aside the order dated
2nd August, 2021 (Annexure-5 to the writ petition) passed by the
respondent no.3 in Encroachment Case no.2 'A' of 2020-21, whereby
the petitioners have been found encroaching a piece of public land
appertaining to plot no.95 of village Brahrampur 586, Gairmazarua
Khata no.28 and have also been directed to remove the said
encroachment by 10th August, 2021. The petitioners have also prayed
for quashing and setting aside the notice as contained in memo no.401
dated 2nd November, 2022 (Anneure-7 to the writ petition), whereby
the petitioners have been asked to remove the alleged encroachment
from the said land.
Learned counsel for the petitioners submits that the aforesaid
land measuring an area of 16 acres was already settled in favour of
Late Shyam Lal Mahato by way of Pradhani Patta, which was confirmed
vide order dated 6th June, 1933 passed in Settlement Case no.14 of
1933-34 by the competent authority. Since then the petitioners/their
ancestors have been in continuous possession of the said land and,
therefore, they cannot be removed from the same by way of an order
passed in a land encroachment proceeding, which is a summary
proceeding in nature.
Reliance has been placed by the learned counsel for the
petitioners on the judgments rendered by this Court in the cases of
Ujjal Kanti Banerjee Vs. State of Jharkhand & Ors., reported
in 2017(3) JLJR 621 (HC) and Garjan Marandi Vs. State of
Jharkkhand & Ors., reported in 2022(2) JBCJ 755 (HC).
I.A. No.10612 of 2022 has been filed on behalf of the petitioners
for staying the operation of the impugned orders dated 24 th
September, 2022, 2nd August, 2021 and 2nd November, 2022 till
disposal of the writ petition.
Ms. Omiya Anusha, learned A.C. to A.A.G.IA, appearing on
behalf of the respondents prays for and is allowed four weeks' time to
seek instructions and file counter affidavit.
Put up this case under the heading "For Admission" on 8th
February, 2023.
Till then, the petitioners shall not be dispossessed from the land
in question in pursuance of the impugned orders dated 2nd August,
2021 and 24th September, 2022 as well as the notice dated and 2nd
November, 2022.
I.A. No.10612 of 2022 is, accordingly, disposed of.
(Rajesh Shankar, J.)
Sanjay/
