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2022 Supreme(Jhk) 307

RAJESH SHANKAR
Sheela Verma – Appellant
Versus
State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.N. Sahay, Mr. Yashvardhan, Advocate
For the Respondents: Mr. Gaurav Raj

JUDGMENT :

The present writ petition has been filed for quashing and setting-aside the notice as contained in memo no. 04 (M) dated 11.01.2022 issued by the respondent no. 4 – the Collector (under BPLE Act)-cum-Circle Officer, Giridih in Form-I under Section 3 of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 in BPLE Case No. 08/2021-22. Further prayer has been made for staying the further proceeding in BPLE Case No. 08/2021-22.

2. Mr. R.N. Sahay, learned Senior Counsel for the petitioner, submits that one Prakash Sahay, S/o of Uma Shankar Sahay sold the land appertaining to Khata No. 39, Thana No. 78, Kehwat No. 1, Tauji No. 15/11, Plot No. 540, Mouza-Rajpura, P.S.-Giridih (M), District-Giridih, measuring an area of 40 decimals and 60 decimals (total 1 acre land), in favour of the petitioner and her daughter – Ishika Verma, vide registered sale deed nos. 9387 and 9390 dated 29.07.2011 respectively. After purchase the aforesaid land, the petitioner applied for mutation of the said land (40 decimals and 60 decimals), which was registered as Mutation Case No. 1409/2012-13 and Mutation Case No. 1411/2012-13 respectively. Thereafter, the aforesaid land was mutated in favour

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