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2022 Supreme(Jhk) 1168

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Suresh Tirkey, son of Late Kanhu Tirkey – Appellant
Versus
Governor, through its Principal Secretary under Administration and control of the Scheduled Areas – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Kaushalendra Prasad, Advocate
For the Respondent:Mr. R.S. Mazumdar, Sr. Advocate Mr. Shashank Shekhar, Advocate,
Mr. Sachin Kumar, AAG-II Mr. Piyush Chitresh, AC to AG Mr. Ravi Prakash Mishra, AC to AAG-II

JUDGMENT :

Shree Chandrashekhar, J.

WP(C) No. 4907 of 2021 filed by Sonu Pascal Ekka son of late Esrael Ekka and WP(C) No. 4953 of 2021 filed by Suresh Tirkey son of late Kanhu Tirkey both residents of village Bara Ghaghra within the district of Ranchi in the State of Jharkhand were dismissed on 31st March 2022. By this order, the writ Court rejected their challenge to the notice communicated through letter dated 25th October 2021 and public notice dated 23rd December 2021, for removing encroachments over the lands belonging to Ranchi Municipal Corporation (in short, RMC).

2. Suresh Tirkey and Sonu Pascal Ekka have challenged the aforesaid order dated 31st March 2022 passed by the writ Court.

3. The writ petitioners who are appellants before us claimed right, title and interest over Plot Nos. 57 and 58 under Khata No. 328 in village Bara Ghaghra which are recorded in the name of their ancestors in the cadastral survey record of rights. They pleaded that their fathers/forefathers were in khas possession of the aforesaid lands before 1908 (when Chota Nagpur Tenancy Act came into force) and after their death they have been peacefully enjoying the stated properties. On such pleadings, they

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