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2017 Supreme(Jhk) 498

RAJESH SHANKAR
Shiv Sharan Yadav Son of late Mukund Yadav – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajeeva Sharma, Sr. Advocate
For the Respondent: Mr. Amit Kumar Verma, JC to SC (L&C)

ORDER :

Heard learned counsel for the parties.

2. The present writ petition has been filed for quashing the order dated 10.04.2007 passed in R.M.A No. 11 of 2006-07 whereby the Commissioner, S.P. Division, Dumka (respondent no.2) upheld the order of the Deputy Commissioner, Dumka (respondent no. 3) passed in R.M.A No. 32 of 2003-04 confirming the order of the S.D.O, Dumka (respondent no.4) passed in E.E. No. 114 of 1998-99 directing removal of encroachment from plot no. 1913 of Mouza - Dumka (T) No.7.

3. The factual background of the case as stated by the petitioner in the present writ petition is that in the year 1932-33 his father late Mukund Mahato @ Yadav being landless had constructed a pucca dwelling house upon a plot being Plot No. 1913 of J.B No. 28 of Mouza - Dumka Town No. 7, P.S -Dumka having area of 1 katha 10 Dhur (hereinafter called the said land), which stands recorded as Bakast Malik during the Gantzer settlement. Thereafter, the father of the petitioner approached the then landlord for the settlement of the said land in his favour and accordingly the landlord settled the said land by way of Patta in the year 1932-33. It is claimed by the petitioner that since then the









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