- (1.) HEARD the counsel for the parties.
(2.) ORIGINALLY the writ petitioners have come being aggrieved by the communique dated 8.7.2008 (Annexure -10) issued in the newspaper from the office of Executive Engineer, Road Division, Road Construction Department, Adityapur, Jamshedpur by which, in respect of the information contained at Serial No. 5 of the said communique, a notice has been issued directing for removal / demolition of the building in the garb of encroachment by the petitioners. An interim order was passed in the present writ petition on 20.9.2009 directing that no coercive action shall be taken against the petitioners in pursuance of Annexue -10. The matter remained pending and affidavits have been filed by the respondents. The petitioners, however, preferred an I.A.3152 fo2012 in the present writ application with an urgent plea being aggrieved with the actions of the respondents - State Officials / District Administration on the basis of memo no. 1520 dated 19.6.2012 whereby the petitioners were directed to remove the constructions or else the same shall be removed with the help of District Administration. The petitioners were further informed to remain present at the time of measurement on 25.6.2012. The petitioners contented that the respondent - authorities resorted to police force and starting dumping soil over the vacant portion of petitioners' land used for parking space. The petitioners obviously being aggrieved by the said action and also in view of the interim order passed earlier, approached this Court in the instant interlocutory application for immediate relief. The respondent - Housing Board and the State authorities filed their respective responses. It was contended by the State authorities that the State Highway No. 5 was under construction between Adityapur to Kandra in which major construction of the road was completed but was inhibited because of the alleged encroachment made by the petitioners on the State Highway contiguous to the land allotted to the petitioner between the chainage of 1.650 Kms to 1.730 Kms. On 8.11.2012 the matter was heard at considerable length and this Court recorded a detailed order and directed the District Judge, Seraikella - Kharsawan to appoint a Pleader Commissioner to determine the area in question i.e. 5399.48 sq.ft. of land which were allotted to the petitioner out of the total area of 6254.52 sq.ft. in plot no. 261 of the Housing Board. For better appreciation the order dated 8.11.2012 is quoted herein below: - "After the last order dated 12th of October 2012 in which I.A. No. 3152 of 2012 was pressed on behalf of the petitioner, the respondent Housing Board and the State officials have filed their respective affidavits. 2. I have heard the parties at length. The controversy in question can be narrowed down at the moment to the following facts. The petitioner was initially allotted 2000 sq. ft of Housing Board's land. Thereafter, he was allotted further 3399.48 sq. ft of land in same plot no. 261 of the Housing Board. The petitioner has annexed a map at page 70 to the writ petition. Housing Board in their counter affidavit and the State respondent have also annexed a map at page -65 in their reply to the I.A. The map shows the respective boundaries of the two plots on the northern, southern, eastern and western side. The present controversy seems to have arisen because the Housing Board have taken a stand that 852.54 sq. ft of land in plot no. 261 is beyond the area of 5399.48 sq. ft allotted to the petitioner and encroached by him out of the total area of 6254 sq. ft of plot no. 261. The map annexed to the latest affidavit of the Housing Board shows the shaded portion of the eastern boundary of the said plot which according to them, comprises 852.54 sq. ft of area. It appears from the submission of the parties that the State Highway is proceeding just next to the eastern side of the land of the Housing Board which was allotted to the petitioner. 3. According to the counsel for the State respondent, construction of the State Highway to the extent of 99% has been completed and the premises of the petitioners is situated in the area adjoining the said road as described above between the chainage of 1.650 kms to 1.730 kms over the length of 80 meters between Adityapur - Kandra road, which is a portion of the State Highway no. 5 which belongs to the PWD. 4. From the submission of the parties, it appears that the controversy rests upon fixation or determination of the area of 5399.48 sq. ft allotted to the petitioners admittedly by the Housing Board on its plot no. 261. The earlier measurement undertaken does not seem to have resolved the controversy. In the circumstances, let the measurement be undertaken in presence of the Pleader Commissioner appointed by the learned District Judge, Seraikella -Kharsawan in the presence of Executive Engineer concerned of the Housing Board, Land Revenue Deputy Collector of the respondent State of Jharkhand of the concerned area and representative of the petitioner or the petitioners themselves. 5. Accordingly, the District Judge, Seraikella -Kharsawan is directed to appoint the Pleader Commissioner within a period of three weeks from the date of receipt of the copy of the order who will determine the aforesaid area in question amounting to 5399.48 sq. ft of land out of the total area of 6254.52 sq. ft of plot no. 261 of the Housing Board allotted to the petitioner earlier. In the meantime, the parties will appear before the learned District Judge, Seraikella -Kharsawan with a copy of the order on 23th November 2012 with their respective pleadings, maps and supporting documents. The measurement shall be undertaken in the presence of the Pleader Commissioner as well as the respective representative of the parties i.e. the Executive Engineer concerned of the Housing Board, Land Revenue Deputy Collector of the respondent State of Jharkhand of the concerned area and representative of the petitioner or the petitioners themselves who shall submit the report thereof within a period of two weeks to the learned District Judge, Seraikella -Kharsawan. Let the matter be placed with the report of the learned District Judge annexing the copy of the report submitted by the Pleader Commissioner on 17th December 2012. In the meantime, the interim order dated 20.09.2008 shall continue .
(3.) THE matter was adjourned on few dates, thereafter the Pleader Commissioner report has been submitted. On the last date, time was allowed for inspection and perusal of the said report by all the parties. They were allowed to obtain the certified copy of the Pleader Commissioner's report also containing the map attached to it. There are 3 maps attached to the Pleader Commissioner's report. After an exercise conducted by the Pleader Commissioner in the presence of petitioner, Executive Engineer of the Housing Board and the Land Revenue Deputy Collector, respondent - District Administration, the Pleader Commissioner has compiled his report enclosing 3 maps. Fixed points were taken in the presence of the parties in order to identify the area of the petitioners' plot out of the total area in plot no. 261 which was the mandate given to the Pleader Commissioner under the orders of this Court. The Map no.1 is a general map giving broad description of the plots and adjoining areas and also include the fix point i.e. S to S6. The Map No. 2 shows the blue shaded area which comprises 5399.48 sq.ft. The Map No.3 shows an area of 6254.52 sq.ft. in plot no. 261 of the Housing Board.;