Jharkhand High Court
Krishna Kant Dwivedi vs The State Of Jharkhand on 27 June, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2716 of 2022
---
Krishna Kant Dwivedi ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Dhanbad
3. The Jharkhand State Housing Board, Dhanbad through its Managing
Director
4. The Executive Engineer, Jharkhand State Housing Board, Dhanbad
5. The Junior Engineer, Jharkhand State Housing Board, Dhanbad
.... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Lukesh Kumar, Advocate
For the Resp. Nos. 1 & 2 : Mr. Shray Mishra, A.C. to G.A.-III
For the Resp. Nos. 3 to 5: Mr. Sachin Kumar, Advocate
Mr. Ranjan Kumar, Advocate
Order No. 02 Dated: 27.06.2022
The present writ petition has been filed for quashing the entire
proceeding initiated vide notice (Annexure-7 to the writ petition)
purportedly issued by the respondent no. 4- the Executive Engineer,
Jharkhand State Housing Board, Dhanbad directing to remove the
encroachment from survey plot no. 1242 having "Khaprail house" within
seven days failing which the same would be removed by deputing a
magistrate and police force, cost of which would be realised from the
concerned person. The said notice, according to the petitioner, has been
pasted on the wall of his house.
2. Mr. Lukesh Kumar, learned counsel for the petitioner, submits that the
land appertaining to Khata No. 54, plot nos. 1242 & 1243, Mouza- Hirapur,
Mouza No.-07, P.S.- Dhanbad, District- Dhanbad measuring an area of 5
decimals (hereinafter to be referred as "the said land") was purchased by
Smt. Gujee Ghatowalin from one Babu Lal Rai vide registered gift deed no.
10650 dated 27.09.1951 and the said land was sold by her to the
petitioner in the year 1994 through registered sale deed no. 484/417
dated 12.01.1994. The ownership and possession of the said land was
transferred in favour of the petitioner. Thereafter, the land was mutated in
favour of the petitioner vide Mutation Case No. 2520(ii)/2003-04.
Correction slip was also issued to him and Jamabandi No. 4019 was
created in his name. It is further submitted that since the date of
mutation, the petitioner has been making payment of rent of the said land
to the state government as well as holding tax to Dhanbad Municipal
Corporation, Dhanbad in lieu of which receipts have been issued to him
and last receipt of the same was issued on 29.09.2021. The petitioner
has constructed his house over the said land and has been residing there
for last more than 25 years.
3. It is also submitted that in the year 2000, the respondent-Bihar(now
Jharkhand) State Housing Board (JSHB) initiated a proceeding being
Eviction Case No. 05 of 2000 for evicting the petitioner on the ground that
he encroached the land of the respondent-JSHB to the extent of 3 ½
decimals of Khata No. 54, plot nos. 1241 & 1242, Mouza- Hirapur, Thana
No. 7, District- Dhanbad. In the year 1965-66, several land including 7
decimals out of 32 decimals of land appertaining to plot no. 1242 was
acquired by the Land Acquisition Department for the purpose of Jharkhand
State Housing Board. The land of the petitioner is also part of plot nos.
1242 and 1243 but the same does not come under the acquisition.
Thereafter, the respondent-JSHB started raising dispute with regard to
measurement of the land in question. Though the land was measured by
the Amin in presence of the parties, however the same was never
accepted by the respondent- JSHB. Hence, the petitioner represented the
Deputy Commissioner, Dhanbad (the respondent no. 2) on 27.12.1999 for
demarcation of the land in question through the Government Amin in
presence of the parties, however no decision was taken on the same. The
petitioner thereafter filed Title Suit No. 53 of 2000 before the court of
Munisf-I, Dhanbad for declaring his right, title and interest over the land in
question which was decreed in his favour vide judgment and decree dated
10.08.2006 and 25.08.2006 respectively. It is thus submitted by the
learned counsel for the petitioner that in view of the aforesaid judgment
and decree, the respondent no. 4 has no jurisdiction to issue any such
notice for eviction of the petitioner from the said premises.
4. Mr. Sachin Kumar, learned counsel appearing on behalf of the
respondent nos. 3 to 5, submits that though the petitioner is claiming right
and possession over plot nos. 1242 and 1243 measuring area of 5
decimals in terms with the aforesaid judgment and decree passed by the
court of learned Munsif-I, Dhanbad, yet it is still to be found out as to
whether the petitioner has occupied only 5 decimals of the aforesaid plots.
Hence, an appropriate authority may be directed to take measurement of
the land in question so as to end the dispute between the petitioner and
the Jharkhand State Housing Board forever.
5. Having heard the learned counsel for the parties, the respondent
no. 2 is directed to constitute a team headed by the Circle Officer,
Dhanbad. The said team will also comprise of a Circle Inspector and two
Government Amins who will demarcate the land in question in presence of
the petitioner/his representative and will carve out the area of the land
decreed in his favour in Title Suit No. 53 of 2000. A copy of the said
measurement will also be handed over to the petitioner/his representative.
The Circle Officer, Dhanbad shall thereafter submit the measurement
report before the respondent no. 2. On receipt of the said report, the
respondent no. 2, after calling for response from both the sides (if the
situation so warrants), shall take an informed decision as to whether the
petitioner has encroached any part of the land over and above the decreed
part of land. Till the said exercise is completed, the petitioner shall not be
evicted from the land in question. The impugned notice (Annexure-7 to
the writ petition) issued by the respondent no. 4 shall be subject to final
decision as would be taken by the respondent no. 2.
6. The writ petition is disposed of with aforesaid observation and
direction.
Ritesh/ (Rajesh Shankar, J.)
