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RAJESH SHANKAR
Deepak Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. The present writ petition has been filed for quashing the notice dated 07.09.2020 (Annexure-3 to the writ petition) issued by the respondent No.4 directing the petitioner’s wife-Ragini Singh and one Urmila Devi, both residents of New Saket Nagar, Hinoo, Doranda, Ranchi to remove the alleged boundary wall by 10.09.2020 and to give information in that regard to the said respondent, failing which the administration would be constrained to remove the alleged encroachment and to take further action in accordance with law.
2. The main submission of learned counsel for the petitioner is that the petitioner had earlier preferred a writ petition being W.P.(C) No. 66/2019 before this Court assailing the order dated 29.12.2018 passed by the respondent No.3 in Land Demarcation Case No. 91/2018-19 whereby the police force was deputed for removing the alleged encroachment done by the petitioner over the public land. The said writ petition was disposed of vide order dated 11.01.2019 with the following observations:
The main legal point established in the judgment is the requirement for notices to be in conformity with previous court observations and to provide an opportunity for hearing to the affected parties ....
Proper enquiry mandatory before action on encroachment notices issued pursuant to court directions.
The court established that encroachment on government land, as determined by official measurements and inspections, invalidates claims of ownership.
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