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2012 Supreme(Jhk) 1472

APARESH KUMAR SINGH
Sitaram Prasad – Appellant
Versus
Tata Iron and Steel Company Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kailash Prasad Deo
For the Respondent (TISCO): Mr. G. M. Mishra
For the Respondent-State: Mr. Saket Upadhyay

ORDER

Heard learned counsel for the parties.

2. The petitioner has sought for quashing the order dated 30.12.2005 passed by the S.D.O.-cum-Deputy Collector Land Reforms, East Singhbhum in B.P.L.E. Case No. 12/89-90 filed by the respondent no. 1 under Section 3 of the B.P.L.E. Act 1956. The petitioner has also challenged the order dated 24.07.2006 passed in B.P.L.E. Appeal No. 22/06-07 by the Deputy Commissioner, East Singhbhum, Jamshedpur affirming the original order and the order passed by learned Commissioner, East Singhbhum (Kolhan) Division, Chaibasa in Revision being B.P.L.E. Revision No. 28 of 2007 whereby learned Commissioner held that revision is not maintainable. By the aforesaid orders petitioner has been found to be encroacher over the land of Plot No. 2565 Mouza-Sakchi area 25 Feet X 30 Feet.

3. Learned counsel for the petitioner submits that petitioner is legal heir and successor of Chintamani Prasad Son of Nand Kumar, who is in physical possession over the land since 1950 by constructing house and other structure within knowledge and adverse to the interest of the State of Bihar/Jharkhand and respondent no. 1, Tata Iron and Steel Company Ltd, Jamshedpur (In short TISCO)








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