APARESH KUMAR SINGH, J. - (1.) Heard counsel for the parties.
(2.) Order dated 02.02.2017 reflecting the grievances of the petitioners, is quoted hereunder: "Counsel for the petitioners undertakes to remove the surviving defects during course of the day. 2. Learned counsel for the petitioners submits that the impugned notice at Annexure-8 in BPLE Case No. 53/15-16 directs the petitioners to remove the encroachment on the basis of the order purportedly passed under section 5(1)(C) of Bihar Public Encroachment Act, 1956 (Now Jharkhand) in respect of Plot Nos, 213, 215 area 1.05 decimal at village Makatpur Thana No. 95 P.S.- Giridih (T), Khata No. 05 Thoka No. 206 District-Giridih, though neither any order has been passed in terms of section 6 of the Act, nor any opportunity of hearing has been given in terms of provisions of section 5 of the Act; certified copy of any order passed in the encroachment proceeding under section 6 has also not been communicated to the petitioner despite application made for the same. 3. Learned counsel for the State submits that there is a remedy of appeal under section 11 of the Act. However, he seeks short time to obtain instruction as to whether in the instant BPLE proceedings, any order has been passed under section 6 of the Act directing removal of encroachment against the petitioner or not. 4. Accordingly, list the case on 07.02.2017 as a fixed case. 5. Till then, no coercive steps be taken against the petitioners." Counter affidavit has been filed on behalf of the State with copy to the other side served yesterday.
(3.) Respondent state that show-cause on behalf of the petitioners was filed on 01.03.2016.Thereafter, proceedings were adjourned on four days, but in spite of sufficient opportunity, petitioners did not file documentary or oral evidence in respect of denial of encroachment on land which is part of public road. As such, the Circle Officer, Giridih passed an order on 18.01.2017 holding encroachment on 1.05 decimal of public road by the petitioners. He directed for issuance of notice in Form-2 for removal of encroachment.;