- (1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order as contained in Form-II, vide Annexure- 3, said to have been passed in BPLE Case No.C-1 of 2019-20 under the Bihar Public Land Encroachment Act, 1956 now Jharkhand Public Land Encroachment Act, 2002 is under challenge.
(2.) Mr. Ashok Kumar Yadav, learned counsel for the petitioner has submitted by referring to certain paragraphs of the pleading made in the writ petition about the perfect title of the petitioners since the names of the petitioners are although in the name of Anabad Bihar Sarkar but the petitioners are in possession since last 65 years and as such they have title over the land in question. Further submission has been made that even if the petitioners are claiming title on account of their possession over the land for the last 65 years, the proceeding as has been enacted to be followed by the legislature by way of Public Land Encroachment Act, 1956 and after bifurcation of the State, the State of Jharkhand has also adopted the said Public Land Encroachment Act, 2002 which contains the procedure for initiating a proceeding for eviction from unauthorized occupation of the land in question, but the authorities have taken decision for removing the said encroachment by coercing the petitioners to be evicted from the land in question by following the procedure resorting under sub section 2 of Section 6 of the Act, 2002, without initiating any proceeding which was to be provided to the petitioners under the said statutory provision. The matter was heard on 25.09.2019 by which the State has been granted time to verify the record in order to ascertain the genuineness of the ground taken by the petitioners.
(3.) Learned counsel appearing for the State of Jharkhand, by going across the record which is in his custody, has submitted that the procedure as laid down under the Public Land Encroachment Act, 1956 or 2002 has not been followed.;