IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P. (C) No. 813 of 2012

Bindeshwar Sharma, son of Late Gopal Singh, resident of 382, Co-

operative Colony, Bokaro Steel City, PO. and P.S. Bokaro Steel City,

District – Bokaro, Jharkhand... ...

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Petitioner

Versus

1. State of Jharkhand.

2. Registrar, Co-operative Societies, At, P.O. and P.S. Dhurwa.

3. District Co-operative Officer-cum-Asstt. Registrar, Co-operative

Society, Bokaro at Chas, P.O. and P.S. Chas, District-Bokaro.

4. Bokaro Steel Employees Cooperative House Construction Society

Limited at Post, and P.S. Bokaro Steel City, District-Bokaro.

5. Secretary,

Bokaro

Steel

Employees

Co-operative

House

Construction Society Limited, At, P.O. and P.S. Bokaro Steel City,

District-Bokaro.

6. Administrator, Bokaro Steel Employees House Construction

Society, At, Post and P.S. Bokaro Steel City, District-Bokaro

7. Madhuban Singh, R/o- Plot No.408, S/o not known to petitioner,

Co-operative Colony, Post, P.S. Bokaro Steel City, District-Bokaro

8. Yogendra Singh, son of not known to the petitioner, Resident of

Plot No.411, P.O., P.S. B.S. City, District-Bokaro

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Respondents

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CORAM : HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner:

Mr. Dinesh Kumar, Advocate

For the State:

Mr. Vineet Prakash, A.C. to S.C-IV

For Resp.Nos. 4-6:

Mr. Krishna Murari, Advocate

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07/Dated: 24.01.2023

1) The petitioner has filed the instant writ petition seeking for the

following reliefs:-

(a) For quashing the order dated 30.11.2011 (Annexure 8)

passed in Revision Case No. 18/2010, by the Respondent

No.2, qua petitioner and accordingly to allow the same and

further to also quash the follow-up unjust and discriminatory

letter/order dated 03.02.2012 (Annexure 9) passed by

respondent No.5, whereby and whereunder the petitioner

has been directed to remove the so-called encroachment

form the piece of society land situated behind the house of

petitioner.

(b) Further to declare and hold that since the occupation of land

in question by the petitioner is protective and essential in

nature for preserving his fundamental right of life, liberty,

security including to that of right of easement and have been

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further paying constant requisite amount as against the

same, the same stood perfected and thus, the same cannot

be termed as illegal encroachment in the eye of law.

(c) Further To declare and hold that since the petitioner is in

constant peaceful possession of the piece of land in

question since long, the same cannot be got forcibly vacated

without following the rule of law after affording ample

opportunity of Defence to the petitioner or any action

contrary to the same in the garb of impugned orders are

wholly perverse and direct conflict of established practice

and procedure much less in gross violation of specific

provisions of Jharkhand Public Land Encroachment Act,

which has overriding effect to that of any general provisions

of Co-operative Society Act.

(d) For issuance of further writ/order/direction directing the

concerned respondents not to demolish the shed of the

petitioner till pendency of the miscellaneous case No.3/95 in

the Court of Assistant Registrar, Co-operative Societies,

Chas Circle, Chas, Bokaro;

(e) For issuance of further writ/order/direction, holding that

impugned action without resorting to proceeding under

Jharkhand Public Land Encroachment Act is bad in law and

is not maintainable.

2) After some argument, learned counsel for the petitioner seeks

permission to withdraw this writ petition.

3) Permission is accorded.

4) This writ petition is dismissed as withdrawn.

(Anubha Rawat Choudhary, J)

Manoj/