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Judgment
The present writ petition has been filed for quashing the order dated 07.02.2020 (Annexure-7 to the writ petition) passed by the respondent No.3 in Encroachment Case No. 06/2019-20 whereby the said authority has directed the petitioners to remove boundary wall, service centre and garage allegedly constructed by way of encroachment over the land measuring an area of two acres appertaining to Khata No. 329, Plot No. 5205 and Khata No. 134, Plot No. 5207, Mouza-Kandra, District-Bokaro on the basis of a report submitted by the Directorate of Project, Land and Rehabilitation (D.P.L.R), Bokaro.
Learned counsel for the petitioners submits that on 16.09.2019, the petitioners were served notice by the respondent No.3 calling upon them to file their replies in connection with the aforesaid encroachment case alleging inter alia that they had made the construction by way of encroaching 400' x 125' of the land in question. The petitioners appeared before the respondent No.3 on 26.09.2019 and filed their respective replies/show causes affidavits denying the said allegation and stating inter alia that they have no concern with Khata No. 329, Plot No. 5205 as the same has already been acquired by the D.P.L.R, Bokaro. It has also been stated inter alia that on 29.09.1969, the Jamabandi Raiyats (the petitioners herein) had been paid compensation for acquisition of 2.47 Acres of Plot Nos. 5017/5207 as would be apparent from the payment chart. Learned counsel for the petitioners also submits that ignoring the background of the land, a report was sought by the respondent No.3 from the D.P.L.R, Bokaro regarding the land in question particularly Khata No. 134, Plot No. 5207. On the basis of the report prepared by the concerned Amin, the D.P.L.R, Bokaro informed the respondent No.3 that out of the land measuring an area of 8.72 Acres appertaining to Khata No. 134, Plot No. 5207, an area of 2.47 Acres has been acquired and an area of 6.25 Acres has been transferred by the Forest Department. On the basis of the said report, the respondent No.3 has erroneously passed the impugned order dated 07.02.2020 without considering the fact that the Forest Department has lost the case in Title Suit No. 26/1993. The Forest Department also filed Title Appeal No. 20/2001 in the Court of the learned Additional District Judge-V, Bokaro. However, the same was also dismissed by the said Appellate Court vide judgment dated 27.08.2003. Hence, the impugned order dated 07.02.2020 passed by the respondent No.3 is without jurisdiction and the same is liable to be quashed.
Mr. Bhaskar Trivedi, learned A.C to S.C-III appearing on behalf of the State of Jharkhand, submits that since the respondent No.3 has already issued notice under Section 6 of the Bihar (Now Jharkhand) Public Land Encroachment Act, 1956 [hereinafter referred to as 'the Act, 1956'] and the present matter involves factual dispute, the petitioners should avail alternative/efficacious/statutory remedy of preferring appeal against the impugned order dated 07.02.2020. Hence, the present writ petition is not maintainable at this stage.
Having heard learned counsel for the parties and keeping in view that the petitioner has got alternative/efficacious/statutory remedy of preferring appeal against the impugned order dated 07.02.2020 provided under the provisions of Section 11 of the Act, 1956, I am not inclined to entertain the present writ petition at this stage.
The present writ petition is accordingly dismissed as not maintainable. The petitioners are however at liberty to prefer an appeal against the impugned order dated 07.02.2020 passed by the respondent No.3 in Encroachment Case No. 06/2019-20 as provided under law.