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2021 Supreme(Jhk) 286

RAJESH SHANKAR
Chhote Ram Nayak @ Chhotelal Nayak – Appellant
Versus
State of Jharkhand through its Chief Secretary, Government of Jharkhand, Ranchi – Respondent


Advocates Appeared:
For the Petitioners:Mr. A.K. Sahani, Advocate
For the Respondents: Mr. Ashish Kr Thakur, AC to AAG-III

1. The present writ petition has been filed for quashing the impugned notices (Annexure-3 series to the writ petition) issued to the petitioners by the respondent no. 2 – the Circle Officer, Gola, Ramgarh directing them to remove the alleged encroachment within one week, failing which the same would be removed with the assistance of the police force and cost incurred in the same would be realized from them.

2. The learned counsel for the petitioners submits that the petitioners have been in lawful possession of the respective land and have been residing over the same by constructing houses. The land in question were settled by ex-landlord, Ramgarh to one Budhu Ghanshi, who came in peaceful possession thereupon. An encroachment case under the provisions of Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act, 1956”) was initiated against said Budhu Ghanshi by the then Land Reforms Deputy Collector, Hazaribagh and vide order dated 03.09.1965 passed in L.E. Case No. 110 of 1965-66, while observing that Budhu Ghanshi was a privileged person, the matter was remanded to the Circle Officer, Gola to personally make a spot verification to see as to wh

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