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2022 Supreme(Jhk) 1301

SUJIT NARAYAN PRASAD
Vivek Sahu – Appellant
Versus
State of Jharkhand through its Secretary Govt. of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ashish Jha.
For the Respondents: Mr. Rishi Raj Verma, AC to SC-III, Mr. Manoj Kr. Sah.

JUDGMENT :

1. The instant writ petition is under Article 226 of the Constitution of India wherein following prayers have been made :

    (i) to quash the notice issued by the Sub-Divisional officer, Pakur (Anexure-1);

(ii) to quash the order dated 01.06.2012 (annexure-2) passed by the Deputy Commissioner, Pakur in RMP Case No.01/2012;

(iii) to quash the appellate order dated 14.03.2013 (Annexure-7) passed by the Commissioner, Santhal Pargana Division, Dumka in R.M.R. No.512/12-13,

whereby and whereunder, the respondent authorities initiated a proceeding against the petitioners under Public Land Encroachment Act vide Revenue Misc. Case No.04/2012-13 for eviction from plot no.675 and during pendency of the said proceeding, the learned Sub-Divisional Officer, Pakur issued a letter no.201/D.B. dated 30.05.2012 to the Deputy Commissioner of Pakurwith a recommendation to cancel the settlement of the aforesaid plot with the petitioners ancestors and for taking steps for their eviction.

2. The brief facts of the case as per the pleading made in the writ petition, which is required to be enumerated, read as under:

It is the case of the petitioner that the last settlement of plot no.675 appertaining to

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