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2021 Supreme(Jhk) 324

RAJESH SHANKAR
Kanta Sahu – Appellant
Versus
State of Jharkhand through its Principal Secretary, Public Health Engineering Department, Government of Jharkhand, Ranchi – Respondent


Advocates Appeared:
For the Petitioner:Mr. K.K. Ambastha, Advocate
For the Respondent: Mr. Debarsi Mondal

ORDER :

1. The present writ petition has been filed for quashing notice dated 21.05.2021 (Annexure-13 to the writ petition) issued by the respondent no. 5 – the Circle Officer, Baragai Ranchi in Encroachment Case No. 01/2021-22 which, according to the petitioner, has illegally been initiated under the provisions of Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act, 1956”) ignoring the fact that the land appertaining to Khata No. 42, Plot No. 2710, Village-Baragai, District-Ranchi is not a public land and the same has been purchased by the petitioner by virtue of registered sale deed on 15.05.1985 from the earlier owner of the land through his constituted power of attorney.

2. During the pendency of the writ petition, notice dated 01.06.2021 has been issued to the petitioner by the respondent no. 5 in Encroachment Case No. 02/2021-22 and the said notice is also sought to be challenged by the petitioner in the present writ petition by filing I.A. No. 2895 of 2021.

3. Heard learned counsel for the parties and perused the content of the writ petition. It appears that prior to issuance of impugned notice dated 21.05.2021, the petitioner was also

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