D.N. Patel, J. ( - (1.) Oral) - This Public Interest Litigation has been preferred with the following prayers: For a direction upon respondent authority to remove the illegal encroachment of common tank namely Sunder Talab from the hands of Respondent Nos 6 and 7 as it was used by the local people of Giridih town for different purpose, having J.B.N.549 of Ward No. 1 Holding No. 338 and be further pleased to direct the authority to implement the memo no. 509 dated 16.3.2015 issued by D.C Giridih in the light of representation dated 15.3.2015 and also direct the respondents to inquire about the other tanks not to encroach by some one like land Mafiiya situated at Giridih town for the purpose of people in mass
(2.) Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that this writ petition has been preferred for removal of encroachment of common tank popularly known as Sunder Talab which is situated in the district of Giridih. The encroachment is alleged to have been made by respondents 6 and 7. It appears that there are lots of litigations filed by the respondents No. 6 and 7 with the government about the right, title and interest upon the property narrated in the writ petition, which is known as Sunder Talab . It further appears from the facts of the case that earlier order was passed by the Circle Officer, Giridih dated 16th/17th March, 2015. Against which respondent nos 6 and 7 had preferred writ petition(civil) No.1184 of 2015 and writ petition(civil) No.1264 of 2015, which were dismissed by the learned Single Judge, vide orders dated 30th March, 2015 and 9th April, 2015 respectively.
(3.) Being aggrieved and feeling dissatisfied by the said orders, L.P.A was preferred, bearing L.P.A. No. 220 of 2015 which was also disposed of vide order dated 22nd April, 2015.;