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2015 Supreme(Jhk) 920

SHREE CHANDRASHEKHAR
Prem Prakash Arya – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.K. Sahani, Advocate
For the Respondents: Mr. Ashutosh Kr. Singh,J.C. to S.C.(Mines)

Order :

Aggrieved by orders dated 05.05.2011 in Case No. 326 of 201011 and final order dated 20.01.2012 passed by the Land Reforms Deputy Collector, Dhanbad respondent no. 3, the present writ petition was filed. Subsequently, I.A. No. 1135 of 2015 was filed seeking amendment in the writ petition for challenging order dated 16.03.2012 passed by the Deputy Commissioner and the said application was allowed vide, order dated 04.03.2015.

2. The brief facts of the case narrated in the writ petition are summerised thus;

(i) The land in dispute in the present proceeding is about 48 decimals comprised in Plot No. 860 (Part) under Khata No. 158 in MouzaDhanbad which was recored in the record of rights in the name of exlandlord namely, Jharia Raj. The subject land was settled by the exlandlord in or around 1945 in favour of the father of the petitioner namely, Jeewan Das Arya who came in peaceful possession over the said land and constructed house known as “Jeewan Sadan”. Encroachment Case No.17(III) of 195960 was initiated against the father of the petitioner under Bihar Public Lands Encroachment Act, 1953, in the proceeding of which a spot enquiry was conducted by the Circle Officer, Dhanbad.






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