ASHIYANA HOUSING LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondents to transmit the records of Encroachment Case 04 of 2013-14 and upon its perusal to quash the notice dated 25.02.2016 passed in Encroachment Case No. 04 of 2013-14 by the Collector-cum-Circle Officer, Chandil issued in exercise of power conferred under Section 6(2) of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956/2002.

(2.) It is the case of the petitioner that encroachment proceeding has been initiated being Encroachment Case No. 04 of 2013-14 under the provision of Public Land Encroachment Act against the petitioner alleging therein about unauthorized encroachment over the land pertaining to Khata No.205, Plot Nos. 662 and 663 since according to the State respondents the land pertaining thereto is the Government land.

(3.) In the said encroachment proceeding notice has been issued upon the petitioner and he has put his appearance but the proceeding has been kept at hold due to rainy season and thereafter all of a sudden the proceeding has been revived but without any notice making the petitioner aware about the initiation of the proceeding further and in absentia the order has been passed holding the petitioner as encroacher and in consequence thereof, order of removal of encroachment has been passed.