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2012 Supreme(Jhk) 1167

PRAKASH TATIA, JAYA ROY
Dashrath Gagrai @ Krishna Gagrai – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ravi Kumar Singh, Advocate.
For the Respondent No.8:M/s. V.Shivnath, Sr. Advocate & Arshad Hussain, Advocate.
For the State: Mr.A.Allam, Sr. S.C.II.

ORDER

Heard learned counsel for the parties.

2. The present Public Interest Litigation has been filed projecting that a private Company-respondent no.8 has encroached upon more than 200 acres of Government land. Looking to the peculiar situation of the State of Jharkhand where the poor public are of the castes of Tribes and also of the Schedule Caste and there is more poverty and apprehending encroachment of the Government land, notice was issued to the respondent no.8-Company.

3. The State has submitted a detailed reply and annexed a chart indicating the measurement of the land. The State has submitted that there are three categories of the land in the State of Jharkhand: one is Gairmazrua land, the land settled to different Raiyats and the third category is the land belonging to the Government and the Government's department. The Gairmazrua land can be given by the Government to any body including any industrial entrepreneurs So far as the land settled to the Raiyats are concerned, the Raiyats get right to cultivate but cannot transfer the land. Therefore, if any land has been purchased from the Raiyats without the consent of the Government that sale may entail cancellation the Ra












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