SANTOSH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order as contained in Form-II, vide Annexure- 3, said to have been passed in BPLE Case No.C-1 of 2019-20 under the Bihar Public Land Encroachment Act, 1956 now Jharkhand Public Land Encroachment Act, 2002 is under challenge.

(2.) Mr. Ashok Kumar Yadav, learned counsel for the petitioner has submitted by referring to certain paragraphs of the pleading made in the writ petition about the perfect title of the petitioners since the names of the petitioners are although in the name of Anabad Bihar Sarkar but the petitioners are in possession since last 65 years and as such they have title over the land in question.

(3.) Learned counsel appearing for the State of Jharkhand, by going across the record which is in his custody, has submitted that the procedure as laid down under the Public Land Encroachment Act, 1956 or 2002 has not been followed.