Pankaj Kumar vs State of Jharkhand and others

Chandrashekhar, J. - Aggrieved by order passed in Encroachment Case No. 3 of 201112 whereby, order under Section 6(2) of the Jharkhand Public Land Encroachment Act, 1956 has been passed, the present writ petition has been filed.

The petitioner claiming right, title and interest over 1 decimal land in Plot No. 579 within Khata No. 129 situated at Village-Lesliganj asserts that the said land is the raiyati land. The exlandlord through a Hukumnama settled the aforesaid land in the name of the grandfather of the petitioner who continued to receive rent from him. The learned counsel for the petitioner referring to provisions under the Jharkhand Public Land Encroachment Act, 1956 submits that without affording the mandate of the law, order under Section 6(2) has been passed by the Circle Officer. It is contended that on a misconstruction of orders passed by this Court in W.P.(PIL) No. 6764 of 2011, the impugned order has been passed.

The respondent-State of Jharkhand has produced the entire record which discloses that pursuant to orders passed by this Court in W.P.(PIL) No. 1076 of 2011, physical verification of the shops constructed along the Lesliganj Bazar was conducted. The Circle Inspector and the Anchal Amin submitted a report disclosing name of 182 persons who had encroached the Government land. Accordingly, notices were issued to those persons. It is not in dispute that notices were issued to the petitioner also. It further appears that in respect of land comprised in Plot Nos. 579, 580, 582 and 581 within Khata No. 129, title suits being Title Suit No. 87 of 1998 and Title Suit No. 19 of 2000 are pending. The plea raised by the petitioner that procedure under the Jharkhand Public Land Encroachment Act, 1956 has not been followed by the Circle Officer can be established only on examination of the records of the proceeding before the Circle Officer which can be effectively adjudicated by the Appellate Authority. The Jharkhand Public Land Encroachment Act, 1956 provides a remedy to the petitioner under Section 11 in appeal before the Collector. The Act further provides for review under Section 36. It is well settled that the Jharkhand Public Land Encroachment Act is a self-contained code which provides efficacious remedy to the aggrieved person.

Considering the aforesaid facts, I am not inclined to interfere in the matter however, a liberty is reserved with the petitioner to file appeal against order passed under Section 6(2) of the Act. Needless to say, order passed in the present proceeding would not cause prejudice to the petitioner and the petitioner shall be at liberty to produce documents on the basis of which he is claiming right, title and interest over the land in question.

The writ petition stands disposed of.