- (1.) Heard counsel for the parties.
(2.) Petitioner has approached this Court against a notice at Annexure -9 bearing Memo no. 343 dated 10.03.2016 issued by the Circle Officer, Gamharia in connection with S.A.R. Case No. 2/2011 -12 passed by the Land Reforms Deputy Collector, Seraikela (Respondent No. 2) vide order dated 18.03.2013 (Annexure -5).
(3.) Learned counsel for the petitioner contends that pursuant to the order at Annexure -5, Respondent No. 2 determined an area of 0.02 acres under plot no. 1043 and 0.10 acres in plot no. 1046 as being held by the petitioner in contravention of the provisions of Section 46(1) of Chhotanagpur Tenancy Act, 1908, as amended from time to time. Consequent thereupon, vide Annexures -8 and 8/1, delivery of possession of the area under plot no. 1043 and 1046 have been handed over to the applicants in S.A.R. Case No. 2/2011 -12 on 16.12.2013. Communication at Annexure -8 dated 07.03.2014 is based upon the report of the Circle Officer, Gamharia. Even then, fresh notices have been issued under impugned Annexure -9 by the same Circle Officer, Gamharia for effecting delivery of possession of the same piece of land as determined in S.A.R. Case No. 2/2011 -12 and notices have been issued upon the petitioner as well as the applicants of the said case represented by their power of attorney holder. Petitioner would unnecessarily be subjected to fresh demarcation and in the process, it is likely that the concerned official would damage the residential house of the petitioner also. Therefore, petitioner has approached this Court.;