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2021 Supreme(Jhk) 317

RAJESH SHANKAR
Rajeshwar Prasad @ Rajesh Prasad Saw – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. A. K. Sahani, Advocate
For the State : Mr. Rakesh Roy, A.C. to G.A.III

ORDER :

1. This case is taken up through video conferencing.

2. The present writ petition has been filed for quashing the eviction notice dated 17th November, 2020 (Annexure-4 to the writ petition), whereby the Circle Officer, Gola- respondent no.2 has called upon the petitioner and his father to vacate the part of the land, appertaining to plot no.305, Khata no.92, measuring an area of 5 decimals of village Sosokalan, District Ramgarh, without affording any opportunity of hearing or following mandatory provisions of Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (hereinafter to be referred as ‘the Act, 1956’).

3. Learned counsel for the petitioner submits that on 20th June, 1929, a piece of land appertaining to plot no.305/572, Khata no.92, Mauja Sosokalan, measuring an area of 3.21 acres was settled in favour of the petitioner’s grandfather. At the time of vesting, the name of the petitioner’s grandfather, namely, Mathura Sahu was recorded in Register-II and, accordingly, he had been paying rent to the State Government. The rent receipts for the said land were being issued since 1965. The petitioner made an application before the respondent no.2 on 14th September, 2019

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