- (1.) Heard Learned Counsel for the parties. This writ petition has been preferred for direction upon the respondent nos. 2 to 4, who are the official of Ranchi Industrial Area Development Authority (in short RIADA) to take steps for removal of encroachment from an area of 1553 Sq. ft. which has been encroached by the respondent no. 5, although, the same was allotted to the petitioner firm in the Industrial Area, Kokar, Ranchi in Plot No. 16.
(2.) It is case of the petitioner that letter of allotment dated 09.12.1987 (Annexure-1) of plot no. 16 area of 9185. Sq.. ft. situated at Industrial Area, Kokar, Ranchi was made in the name of Smt. Roy Pratibha Mishra, who also received the possession thereof on 10.12.1987. Thereafter, on 29.04.1991, fresh allotment of Plot no. 16 area 9185 Sq. ft situated in Industrial Area, Kokar, Ranchi was issued in favour of the name of the partnership firm in which Mrs. Roy Pratibha Mishra and present petitioner were partner.
(3.) It is a case of the petitioner that on retirement of Mrs. Roy Pratibha Mishra as partner in the year 1995, the present petitioner had preferred an application before the respondent no. 2 for changing the constitution of the firm from p 'nership to proprietorship concerned. It is a case of the petitioner that vide Annexure-10 dated 09.05.2005. petitioner was allotted the same area of 9185 Sq ft in plot no. 16 in the nature of the fresh allotment. It is further submitted that petitioner after proper measurement of the area found that certain portion of the land has been encroached upon by the respondent no. 5 and made repeated representation before the respondent-Ranchi Industrial Area Development Authority (RIADA) and its official. It is also stated that an F.I.R. was instituted against the concerned respondent no. 5 in acts of illegal encroachment and trespass. However, it is alleged that official respondents have not yet taken any steps to ensure that encroachment over the petitioners plot is removed by the respondent no. 5. The petitioner has preferred this writ petition and the same has been pending since year 2008 and yet no counter affidavit on behalf of the Ranchi Industrial Area Development Authority has been filed.;