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2021 Supreme(Jhk) 556

RAJESH SHANKAR
Ranjay Kumar Sharma – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Krishna Shankar.
For the Respondent: Ms. Sunita Kumari.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition has been filed for quashing the notice dated 07.01.2021 (Annexure-2 to the writ petition) issued by the respondent No. 3 under sub-section (2) of Section 6 of the Bihar (Now Jharkhand) Public Land Encroachment Act, 1956 [hereinafter referred to as ‘the Act 1956’] in B.P.L.E. Case No. 14/2020-21 directing the petitioner to remove the alleged encroachment from the land appertaining to Khata No. 158, Plot No. 13, Mouza-Byangbil, Ward/Thana No. 1184, P.S. Sundarnagar, District-East Singhbhum, measuring an area of 10’ x 10’ sq. feet in pursuance of order passed by the respondent No. 3 under clause (c) of sub-section (1) of Section 5 of the Act, 1956. Further prayer has been made for issuance of direction upon the respondent No. 2 to dispose of B.P.L.E. Appeal No. 26/2021 preferred by the petitioner on 21.08.2021 challenging initiation of B.P.L.E. Case No. 14/2020-21 as well as the notice dated 07.01.2021 issued in the said case by the respondent No. 3, which is pending before the respondent No. 2.

2. Learned counsel for the petitioner submits that the respondent No. 3 initiated B.P.L.E. Case No. 14/2020-21 on 27.10.2020 against the

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