- (1.) Challenging the order passed by the learned Single Judge in W.P.(C) No. 5760 of 2012 and being aggrieved by the dismissal of the writ petition, declining to issue a direction upon the respondents to depute a Magistrate along with police force for removal of the alleged encroachment over the appellant's plot, the appellant has filed filed this intra Court appeal.
(2.) The case of the appellant is that his father Badri Narayan purchased a plot measuring 60 ft. x 40 ft. in Basant Vihar Colony, Dimna Road by the sale deed dated 18.11.1998. According to the petitioner, he has been serving in the Army as doctor and subsequently joined the medical services of the State. It is stated that on 21.9.2009 when the appellant visited his plot, he found that a PCC road has been constructed in his plot encroaching 10 ft. wide area throughout the plot by making construction of PCC road by the Mango Notified Area committee . Further, case of the appellant is that he has obtained information under Right to Information Act, from which he came to know that as per the Resolution of the District Development Committee, the road was resolved to be constructed by Mango Notified Area Committee. In this regard, the appellant has made representation before the Deputy Commissioner, East Singhbhum at Jamshedpur on 23.10.2009 and on 21.8.2010 the Circle Officer made an enquiry. According to the petitioner, as per the report of the Circle Officer, the Circle Officer demarcated the area of the encroachment and enquiry report was sent to the Sub-divisional Officer, Dhalbhum for doing needful. The grievance of the appellant is that inspite of the report of the Circle Officer, which was sent to the Sub-divisional Officer, Dhanbhum to do the needful for removal of encroachment and for construction of boundary wall over the demarcated area, no action has been taken, the petitioner-appellant has filed W.P.(C) No.5760 of 2012, seeking for a direction upon the respondents to depute a Magistrate along with the police force for removal of encroachment over the appellant's plot.
(3.) The learned Single Judge held that the Court cannot exercise the writ jurisdiction for issuance of a direction for deputing a Magistrate along with police force for removal of encroachment and also for issuing other direction for construction of boundary wall over the property in question, which is alleged to be encroached by the other parties. The learned Single Judge dismissed the writ petition holding that the petitioner has not made out a case for exercise of discretionary jurisdiction. Being aggrieved by the dismissal of the writ petition, the petitioner has filed this intra Court appeal.;