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2018 Supreme(Jhk) 460

RAJESH SHANKAR
Basudeo Mandal – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Mahesh Tiwari
For the State : Ms. Kanchan Kumari
For the Respondent: Mr. A.K. Sahani

ORDER :

Heard learned counsel for the parties.

2. The present writ petition has been filed for restraining the respondents from encroaching the raiyati land of the petitioners and further for restraining the unauthorized construction of road upon it.

3. Learned counsel for the petitioners submit that the petitioners are the raiyati owners of the land of Mouza-Polkiri, Mouza No. 241, Old Khata No. 85, New Khata No. 255, Old/new plots 2447/2476, 2448/2481 and 2449/2480 measuring total area of 4 acres and 63 decimals as per old Khatian and 4 acres and 35 decimals as per new Khaitan at P.S.-Chandankiari, District-Bokaro, jointly recorded in the name of Babulal Mandal (father of the petitioner no. 1), Khandu Mandal (father of the petitioner no. 2) and Jaidev Mandal (petitioner no. 3). The said land was inherited by the petitioners and other legal heirs of the said recorded raiyats and came in possession of the same and paying rent thereof. It is further submitted that the respondents are encroaching upon the land of the petitioners and are constructing a road over the part of the said land through the respondent no. 5 in unauthorized manner without acquiring the same or giving any compensa










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