JUDGMENT :

The case is taken up through Video Conferencing.

2. The present writ petition has been filed for quashing the notice dated 01.07.2021 (Annexure-5 to the writ petition) issued by the respondent No.4 under Section 3 of the Bihar (now Jharkhand) Public Land Encroachment, Act, 1956 [hereinafter referred to as ‘the Act, 1956’] whereby the petitioner No.1 has been called upon to appear before the said respondent on 16.07.2021 and to file show cause as to why the encroachment to the extent of 2232 sq. ft. of public land appertaining to Plot No. 163, Khata No. 108, Village-Koshiyara, P.S-Haidar Nagar, Thana No. 303, District-Palamau, measuring an area of 0.79 Acre be not removed as the petitioner No.1 has no concern with the said land, rather he is in occupation of Plot No. 151 (old Plot No. 297), Khata No. 108 and the respondent No.4 has illegally issued the said notice to him with intention to grab the portion of his Raiyati land for construction of approach road of a school.

3. Learned counsel for the petitioner submits that the petitioner No.2 is in possession of 14 Decimals of the land under Khata No. 108, Plot No. 151, Village-Koshiyara, which was earlier purchased by the pet