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Lalan Yadav Vs State Of Jharkhand

Case No: Writ Petition (C) No. 6163 Of 2024

Date of Decision: Feb. 4, 2025

Acts Referred: Jharkhand Public Land Encroachment Act, 2000 — Section 3

Hon'ble Judges: Rajesh Shankar, J

Bench: Single Bench

Advocate: J. N. Upadhyay, Shray Mishra, Ranjan Pd. Sinha

Final Decision: Disposed Of

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Judgement

Rajesh Shankar, J

1. The present writ petition has been filed for quashing the notices dated 3rd July, 2024 and 2nd August, 2024 issued by the Additional Town

Commissioner, Municipal Corporation, Mango, Jamshedpur- respondent no.4, whereby the petitioner was directed to produce documents within seven

days with regard to construction made by him. Further prayer has been made for quashing the notice dated 6th August, 2024 issued by the Circle

Officer, Mango-respondent no.3 in J.P.L.E. Case No.10 of 2024-25 under Section 3 of the Jharkhand Public Land Encroachment Act, 2000

(hereinafter to be referred as ‘the Act, 2000’) with regard to the land appertaining to Khata no.727, plot no.3128, measuring an area of 50’

X 10’, Mouja Mango Notified Area, Ward no.10, P.S. Mango, District East Singhbhum, directing him to appear on 21st August, 2024 and to show

cause as to why such encroachment should not be removed.

2. Learned counsel for the petitioner while responding to the query of this Court submits that the petitioner has not yet filed his reply to the notice

dated 6th August, 2024 (Anexure-6 to the writ petition) issued by the respondent no.3.

3. Having heard learned counsel for the parties and considering that the notice under Section 3 of the Act, 2000 has already been issued by the

respondent no.3, this Court is not inclined to enter into merit of the case at this stage. The petitioner is, however, at liberty to file reply to the said

notice within two weeks. On receipt of the said reply, respondent no.3 shall pass an appropriate order in accordance with law within three weeks

thereafter.

4. The writ petition is disposed of with the aforesaid liberty and direction.