D.N.PATEL, J. - (1.) COUNSEL for the petitioner submitted that there is encroachment upon the public road at Mouza Boreya, Police Station Kanke, Khata No. 631, Plot No. 693, Area 0.06 acre stands recorded as 'Gair Mazrua Aam Raasta' in the Revisional Survey Record of Rights. This description is given in the counter affidavit filed on behalf of respondent nos. 2 and 3 whereas, in the prayer, the petitioner has mentioned Plot No. 631, Khata No. 185. Both are different plot numbers and khata numbers. The description of plot number and khata number made in writ petition is incorrect. In the order passed by the Circle Officer, Kanke, Khata No. 631, Plot No. 693 and Thana No. 185 are mentioned. This is the correct narration referred in the counter affidavit filed by the State.
(2.) COUNSEL for the petitioner has pointed out in detail about the annexures annexed in the petition and has submitted that despite there is an order passed by the Circle Officer, Kanke dated 11th August, 2010, respondent no. 4 has not removed the encroachment. The said order has been confirmed by the Appellate Authority i.e. by the Deputy Commissioner, Ranchi vide order dated 20th January, 2011. The appeal preferred by respondent no. 4 was dismissed and therefore, this Public Interest Litigation has been preferred for removal of the encroachment upon Plot No. 631 under Khata No. 185. Learned Advocate General appearing for the State of Jharkhand has vehemently submitted that this is not a Public Interest Litigation at all. This is absolutely a Private Interest Litigation and this very petitioner has already preferred a writ petition being W.P.(C) No. 2681 of 2010 for the very same prayer and the said prayer was not granted by this Hon'ble Court and no Letters Patent Appeal has been preferred against the order passed by this Court. This order is annexed at Annexure2 to this memo of the petition.
(3.) IT is also submitted that looking to the prayer made in this petition, it appears that he has referred Plot No 631 under Khata No. 185, but, looking to the order, passed by the Circle Officer correct Plot No. is 693, Khata No. 631 and Thana No. 185. Thus, there is no correct prayer so far as removal of the encroachment is concerned. If this petition is allowed perhaps, there may not be any encroachment in Plot No. 631 and it might be belonging to some private persons and therefore, this petition is not tenable at law.;