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RAJESH SHANKAR
Bhardul Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present writ petition has been filed for quashing the order as contained in Memo No. 228 Nya. dated 22.02.2021 (Annexure-5 to the writ petition) issued by the Sub-Divisional Magistrate, Garhwa (the respondent no.3) whereby the Circle Officer, Bardiha (the respondent no.4) has been deputed as magistrate with direction to get the crops harvested standing over the land appertaining to Khata no. 211/57, plot nos. 443/43 measuring an area of 2.43 acres, plot no. 1716/255 measuring an area of 0.29 acre and plot no. 441/43 measuring an area of 0.22 acre (total 2.94 acres out of 7 acres allegedly declared as the land belonging to “Anabad Jharkhand Sarkar”) of Village- Salga (hereinafter to be referred as “the said land”) and to deposit the sale proceeds in the district treasury by way of challan with further direction to restrain both the parties from going over the said land. Further prayer has been made for quashing the follow up notice dated 24.02.2021 (Annexure-6 to the writ petition) issued by the respondent no.4 whereby the petitioners as well as the respondent no. 5 have been restrained from going over the said land. The petitioners have also prayed for issuance of dir
The court emphasized that the possession of the petitioners shall not be disturbed unless an order of eviction is passed by a competent civil court following due process of law.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
The proceedings under Section 145 of the Code of Criminal Procedure are intended to maintain public order and do not adjudicate property title, focusing instead on actual possession to prevent breach....
The main legal point established is the finality of litigation and the legal certainty conferred by the judgment and decree in favor of the petitioner, along with the award from the Permanent Lok Ada....
A person in unauthorized occupation of government land cannot be evicted summarily if they have a bona fide claim to the property. The encroachment proceeding should only be initiated if it is clear ....
An order under Section 146(1) requires evidence of emergency which was not present, highlighting the need for judicial discretion in land disputes.
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