Dev Sagar Gope vs State of Jharkhand & Ors.

Mr. Ratnaker Bhengra, J.—Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel appearing on behalf of National Institute of Technology.

Learned counsel for the petitioner has submitted that at this stage he is confining himself to his first prayer i.e. for restraining the respondents from interfering with the peaceful physical possession of the petitioner and his cosharers over their respective land as the same is without authority of law.

Learned counsel for the petitioner has submitted that the land situated at village Asangi, P.S. Seraikella, Khata no. 177 plot no. 1414, 1411 and 1410 admeasuring 39.158 decimals, 32.129 decimals and 36.146 decimals respectively have been inherited by the petitioner and the proforma respondents from their grandfather whose name as per the record of right is still recorded. It has further been submitted that respondents State Government has also been accepting land revenue rent and has issued revenue receipts in the name of the grandfather of the petitioner which he has annexed as Annexure 2 to the writ petition and also the local municipality of Adityapur is collecting municipal tax from several residents of the locality. Learned counsel for the petitioner has further submitted that the petitioner and his forefathers have been residing on the said land since time immemorial. The petitioner has also annexed a photograph to show that the petitioner and his co-sharers are residing over the said piece of land and they have never received any compensation on account of alleged acquisition of their lands and he has no knowledge nor he has ever been informed by his father/grandfather about receipt of any compensation on account of alleged acquisition of their land.

Learned counsel for the petitioner has also raised these questions:

i) That the respondent authorities are doing the pillaring work in the adjoining land and are about to enter upon the land of the petitioner and his cosharers within two or three days.

ii) That as such the petitioner and his co-sharers are under imminent threat of demolition and dispossession at the hands of the respondents.

iii) That neither the petitioner nor his co-sharers have received any compensation on account of alleged acquisition of their lands in favour of respondent no. 5.

Learned counsel for the State has raised certain questions regarding Khatiyan. He has also said that the petitioner has not made representation before moving to this court. Further he has indicated towards photographs and said that it is not clear that the land in the photograph is the land concerning to the petitioner. It has further been submitted that the entire case of the petitioner is not well documented and stands on scanty information.

Learned counsel appearing on behalf of National Institute of Technology has submitted that in compliance of order of Division Bench the work is going on, but not placed that order on record.

Having heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel appearing on behalf of N.I.T., respondent nos. 2,3,4, and 5 are directed to restrain themselves from conducting any physical activity, either construction or disturbing the possession of the petitioner with regard to Village Asangi, P.S. Seraikella, Khata no. 177 plot nos. 1414, 1411 and 1410 measuring 39.158 decimals, 32.129 decimals and 36.146 till next date of hearing.

This matter is adjourned to be enlisted on 29.6.2016.

Learned counsel for the petitioner is directed to personally serve the notice upon proforma respondent nos. 6,7,8 and 9 for which requisites etc. must be filed within two weeks.