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RAJESH SHANKAR
Rohit Kumar Madhur – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. At the request of learned counsel for the petitioners, the defects, as pointed out by the office, are ignored.
2. The present writ petition has been filed for quashing the entire proceeding of Public Land Encroachment Case No. 02 of 2022-23 initiated by the Circle Officer, Kuru (the respondent no. 6) as well as the notices issued to the petitioner by the said respondent initially under Section 3 and subsequently under Section 6(2) of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (in short “the Act 1956”) whereby he has been directed to remove the alleged encroachment from the land in question.
3. Learned counsel for the petitioners submits that the petitioner purchased the land appertaining to old Khata No. 2, old Plot no. 776 corresponding to new Khata No. 422, plot no. 446, Mouza-Kuru measuring an area of 3½ decimals (hereinafter to be referred as “the said land”) from one Awadhesh Singh vide registered sale deed dated 01.02.2005. After purchasing the said land, the petitioner constructed house as well as a hospital namely “Madhur Seva Sadan” over the same in the year 2006 which is being run by his father, the registration of which has provisionally been re
The petitioner has an efficacious remedy of preferring appeal under Section 11 of the Act, 1956.
The availability of an efficacious remedy for the petitioners to prefer an appeal under Section 11 of the Act, 1956 and seek interim relief against the final order passed by the respondent no. 4.
The central legal point established in the judgment is the requirement for due process and enquiry before making a decision under the Act, 1956, and the right of the petitioner to file objections/rep....
The central legal point established in the judgment is the requirement for procedural fairness and adherence to the prescribed procedure under the Bihar (now Jharkhand) Public Land Encroachment Act, ....
The main legal point established in the judgment is that the prescribed procedure under the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 must be followed before taking any coercive action....
The main legal point established in the judgment is the principle of res judicata and the finality of dropped encroachment proceedings, which prevent the reinitiation of proceedings for the same land....
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