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2021 Supreme(Jhk) 115

RAJESH SHANKAR
Nagarmal Modi Seva Sadan, Ranchi through its Secretary – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Pradip Modi, Advocate
For the Respondent:Mr. Mohan Dubey, A.C. to A.G., Mr. Prashant Kumar Singh, Advocate

ORDER :

The present case is taken up today through Video conferencing.

2. The present writ petition has been filed for quashing order dated 04.01.2021 (Annexure-3 to the writ petition) passed by the Circle Officer, Town, Ranchi (respondent no. 4) in Encroachment Case No. 01 of 2020-21 (Bara Talab, Ranchi) as well as notice of the same date i.e. 04.01.2021 (Annexure-4 to the writ petition) purportedly issued under Section 6(2) of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (in short, “the Act, 1956”) by the said respondent directing the petitioner to remove the encroachment to the extent of 0.10 acre pertaining to. M.S. Plot no. 1624, Thana No. 205, P.S.- Kotwali, Village- Bara Talab Ranchi, District- Ranchi (hereinafter to be referred as “the said land”).

3. Learned counsel for the petitioner submits that the respondent no. 4 has passed the impugned order dated 04.01.2021 and has also issued the notice on the same date i.e. 04.01.2021 under Section 6(2) of the Act, 1956 exercising his power as Collector under the Act, 1956 without any application of mind and without ascertaining as to whether the said land is “public land” as defined under the Act, 1956. The responden

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