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2022 Supreme(Jhk) 169

RAJESH SHANKAR
Banmali Mahto @ Vanmali Mahto – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sunil Singh.
For the Respondent: Ashwini Bhushan.

ORDER :

1. The present writ petition has been filed for quashing the notices dated 11.10.2018 (Annexure-5 series) issued under Section 3 of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (in short “the Act 1956”) to the petitioners by the Circle Officer, Chas-cum-Collector under the Act, 1956 (the respondent no. 3) in Encroachment Case No. 11 of 2018-19 alleging encroachment made by them over different areas of the land appertaining to Khata No. 67, plot no. 69, village-Mamarkudar, Thana No. 92, P.S. Chas, District-Bokaro.

2. Learned counsel for the petitioners submits that the land appertaining to plot no. 69, Khata No. 67, measuring an area of 62 decimals situated in village Mamarkudar, Thana No. 92, P.S. Chas (M), District-Bokaro (hereinafter to be referred as “the said land”) was given by the landlord-Dharapati Bhattacharya son of late Sumitha Nath Bhattachartya to Smt. Rangi Mahtain wife of late Dhirju Mahto by way of “Jot Patta” executed vide deed no. 3457 dated 07.01.1940 and accordingly the rent was fixed by the landlord. She, thereafter, came in possession of the said land and by constructing a house over part of the same, started living with her family. The re

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