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RAJESH SHANKAR
Gopal Kumar Agrawal @ Gopal Katesaria – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. The present writ petition has been filed for quashing the notice as contained in memo no. 660 dated 19.08.2020 (Annexure-4 to the writ petition) as well as the notice as contained in memo no. 904 dated 28.10.2020 (Annexure-6 to the writ petition) issued by the respondent no. 4 – the Circle Officer, Govindpur, Dhanbad under the Provision of Section 3 of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (hereinafter referred to as “the Act, 1956”) wherein it has been alleged that the petitioner has encroached the land appertaining to New Khata No. 142, New Plot Nos. 1492 and 1623 (Old Plot Nos. 220, 224 and 225), Mouza - Susnilewa, Thana No. 88, measuring an area of 15.5 decimals (hereinafter referred to as “the said land”) which is a public land. Further prayer has been made for quashing the order dated 06.11.2020 passed by the respondent no. 4 in Encroachment Case No. 01/2020-21, whereby it has been held that the said land is a public land and the petitioner has been directed to remove encroachment from the said land. The petitioner has also prayed for issuance of direction upon the respondents to correct the entries with respect to the said land in the khatiy
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 ....
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....
The court affirmed that the petitioners failed to prove any right, title, or interest over the public land, validating the encroachment proceedings under the Bihar Public Land Encroachment Act.
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