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2017 Supreme(Jhk) 158

RAJESH SHANKAR
Ujjal Kanti Banerjee S/o Late Prem Das Banerjee – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rohitashya Roy and Mr. Tarun Kumar Mahto.
For the Respondents: Mr. V.K. Prasad and Mr. Ashish Kr Thakur.

JUDGMENT :

1. The present writ petitions have been filed for quashing the notices dated 04.01.2006 issued under the seal and signature of the respondent no. 4 purported to be the notices under Section 3 of the Jharkhand Public Land Encroachment Act, 2000 (in short to be referred as “the Act”) by reasons of which the petitioners were asked to appear and show-cause as to why the alleged encroachment over the plots in question should not be removed. The petitioners have also prayed for quashing of the orders dated 18.03.2006 passed under Section 5(i)(c) of the Act by reasons of which the respondent no. 3 has held that the plots in question belong to the Government and the petitioners have encroached the said plots and has further proceeded in terms with Section 6(2) of the Act. It has also been prayed inter-alia for quashing the notices under Section 6(2) of the Act issued under the seal and signature of the respondent no. 4 dated 18.03.2006 by reasons of which the respondent no. 4 has directed the petitioners to remove the encroachment over the plots in question and has further held that in case of disobedience, the petitioners shall be prosecuted under Section 188 of the Indian Penal














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