ORDER :

The present writ petition has been taken up today through Audio/Video conferencing.

The present writ petition has been filed for quashing the notice vide letter no. 99 dated 11.03.2016 (Annexure-2 to the writ petition), notice vide letter no. 233 dated 23.06.2016 (Annexure-4 to the writ petition), demand notice no. 23 dated 09.01.2018 (Annexure-5 to the writ petition) as well as the notice issued in Eviction Suit No. 413 of 2018 dated 18.05.2018 (Annexure-7 to the writ petition) including all the proceedings and steps undertaken pursuant thereto by the respondents for the alleged encroachment of land by the petitioner. The petitioner has further prayed for imposing penalty on the respondents for misusing their power and payment of an exemplary compensation in favour of the petitioner for the agony and trauma suffered by him.

2. The factual background of the case as stated in the writ petition is that the petitioner received a notice vide letter no. 99 dated 11.03.2016 issued by the respondent no. 2 directing him to remove the alleged encroachment from HIG Plot No. H-16 of Dhanbad Housing Colony, Hirapur. The petitioner submitted show cause to the said respondent explaining all the facts. However, the said respondent again issued notice vide letter no. 233 dated 23.06.2016 directing the petitioner to remove the alleged encroachment. Thereafter, the petitioner got a legal notice issued to the concerned respondents to repair the public drain after removing all encroachments over the same and to stop torturing and harassing him mentally. The respondent no. 2, however, again issued a demand notice no. 23 dated 09.01.2018 for the alleged encroachment done by the petitioner. The petitioner made representation before the Deputy Commissioner, Dhanbad and forwarded copies of the same to the other concerned respondents, however, the petitioner was served with a notice dated 18.05.2018 issued in Eviction Suit No. 413 of 2018 instituted by the respondent- Jharkhand State Housing Board, Dhanbad Division, Dhanbad in the Court of Competent Authority, Jharkhand State Housing Board, Ranchi.

3. The learned counsel for the petitioner submits that the eviction notice was served upon the petitioner by the concerned respondents having fully aware of the fact that by any stretch of imagination, it is impossible to encroach a small portion of plot separated by a very wide drain and to make it part of his own land on the other side of the said drain. It is submitted that the action on the part of the respondents in issuing repeated notices as also institution of eviction case is gross misuse of the official power vested with them causing serious torture, harassment and mental agony to the petitioner. It is also submitted that from the measurement report of the Circle Officer, Dhanbad, it would be evident that the petitioner has not made any encroachment on the land of the Housing Board.

4. The learned counsel appearing for the respondent-Housing Board submits that there is 20 ft. wide drain on the land of Jharkhand State Housing Board in its colony at Hirapur, Dhanbad which is located at the southern end of the land of the Jharkhand State Housing Board which provides an outlet for the drainage of Doctor’s Colony. The petitioner has forcibly taken a portion of the said drain within his compound by erecting a wall inside the same and created a serious obstruction on the flow of water passing through this drain at the point where the wall has been created by the petitioner in an unauthorized manner. Due to the encroachment made by the petitioner, the drain has become narrow and has curved at the point where the said unauthorized construction has been made by the petitioner. The encroachment has also reduced the net available area of Plot No. H/16 of the Jharkhand State Housing Board Colony at Hirapur, Dhanbad. On the objection made by the local officials of the Jharkhand State Housing Board, Dhanbad before the District Administration with regard to the