Sujit Narayan Prasad, J. - (1.) The show cause notice dated 02.12.2017 passed by the Khas Mahal Officer, Hazaribagh under the Jharkhand Public Land Encroachment (Amendment) Act, 2016 has been challenged in the instant writ petition.
(2.) Learned counsel for the petitioner submits that the land pertaining to Khata No.30, Plot No.163, Thana No.139 of Mouza Nawada, district-Hazaribagh has been recorded in the name of Chairman, Hazaribagh Municipality in the record of rights finally published under the provision of Section 83 of Chotanagpur Tenancy Act, 1908. The aforesaid land has been transferred in favour of one Dineshwar Prasad and thereafter subsequent upon transfer in favour of subsequent purchaser from whom petitioner has purchased and is claiming title over the said land and claiming possession on the basis of an agreement and hence it is not a public land and as such the notice is not sustainable in the eye of law. It has further been submitted that proceeding over the said land has been initiated wherein final decision has been taken holding therein that the land in question is not a public land.
(3.) Counter affidavit has been filed by the State-respondent wherein the title of the petitioner has been disputed. Mr. Vijay Kant Dubey, learned counsel appearing for the Staterespondent has submitted that since the show cause notice is under challenge, therefore, this Court sitting under Article 226 of Constitution of India is not supposed to conduct enquiry by acting as an Enquiry Officer, therefore, the writ petition may not be entertained.;