High CourtsDivision Bench(2011) 04 JH CK 0074

Court on its Own Motion vs State of Jharkhand and Others

Jharkhand High Court · Decided on 19 April 2011

HON’BLE JUDGES
Bhagwati Prasad, C.J · Prakash Tatia, J
CASE NUMBER
Writ Petition (PIL) No. 1783 of 2011

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Judgment

7 paragraphs · 306 words
1.

Heard learned Counsel for the parties.

2.

Notwithstanding the orders passed by this Court, this Court learns that the eviction drive in the premises of the four P.S.Us. i.e. H.E.C., C.C.L., B.C.C.L. and B.S.L. has not been taken in the spirit in which it should have been taken. This shows that the officers and the occupiers, who are unauthorized occupants of these premises, are in hand in glove with authorities and they are residing there and showing defiance to the orders of this Court. What is required is that the conduct of the occupants and the officers of these P.S.Us/State be put under scanner and they should be investigated.

3.

Today, it was put to the learned Counsel for all these four P.S.Us. as to how unauthorized persons have succeeded in living in the P.S.U premises illegally, they have only showed certain alibies to safeguard their inaction.

4.

In that view of the matter, this matter requires to be investigated by a central agency because these agencies are central agencies. The matter should be investigated by C.B.I. as to how, why and under what circumstances these unauthorized occupants came in occupation of the properties (buildings and lands) of these P.S.Us. and under whose tacit consent they had continued to be in unauthorized occupation of these properties (buildings and lands). This might have taken place with some underhand dealings as well. Thus, criminality is writ large in the action.

5.

The Registrar General of this Court will lodge F.I.R. with the C.B.I., to be investigated in relation to illegal occupation of the properties (buildings and lands) of these four P.S.Us.

6.

If there is any connivance and any assistance of the State authorities in occupation of the illegal occupants, that will also be investigated by the C.B.I.

7.

Put up this case on 12th May, 2011.