- (1.) HEARD Sr. Advocate Shri S.S. Kulshestra assisted by counsels Shri Rohit Roy, Mr. R. Sahay and Mr. A.K. Sinha on behalf of the petitioner and Shri Niranjan Kumar Singh and Mr. Bhawesh Kumar on behalf of the Zila Parishad and also Standing Counsel representing the State of Jharkhand.
(2.) RELIEF claimed in the instant writ petition is for issuance of appropriate writ or direction for quashing the letter No. 833 dated 31.08.2005 issued by Deputy Development CommissionercumCEO, Zila Parishad, Dhanbad, whereby the land falling under Khata No. 165, plot No. 266, Mouza No. 51, MouzaDhanbad, is directed to be vacated, also to quash the general order as contained in Memo No. TP 812 dated 30.08.2005 issued by the Executive Engineer, Town Planning Division, MADA, Dhanbad whereby unilateral declaration by the SDO, Dhanbad that the land in question is a public land, issuance of a writ of certiorari for quashing the order dated 05.04.2011 passed by Commissioner, North Chhotanagpur Division, Dhanbad, in encroachment Appeal No. 99 of 2005, quashing part of the notice in Memo No. 155/Zi.Pari dated 26.03.2011 published in 'Hindustan', Dhanbad edition dated 27.03.2011, so far it relates to Textile Market, Bank More, Dhanbad (Sl. No. 34) and also for quashing the notice dated 05.04.2011 contained in Memo No. 182/ZP whereby the petitioner has been directed to vacate the land in question within 24 hours and to restrain the respondent from taking any coercive action against the petitioner in respect of Textile Market, Bank More, Dhanbad. The petitioner is a Society registered under the Cooperative Societies Act, 1935 constituted to promote wholesale cloth business and make available shops to the members of the Society and other sections of the Society. It is contended that approximately 200 members of the petitioner Society were in occupation of the shops in the space allotted to them.
(3.) THE relief in the instant writ petition is regarding a building consisting of a number of shops situated at DB plot No. 1, C.S. plot No. 266, C.S. Khata No. 165, Mouza No. 51, MouzaDhanbad, P.S.Bank More, Dhanbad, having an area of 1 Bigha, 10 Kathas, 10 Chhataks and 32 sq. ft. commonly known as Textile Market.;