Ganesh Burman @ Ganesh Poddar vs The State Of Jharkhand & Ors on 3 December, 2020

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Jharkhand High Court

Ganesh Burman @ Ganesh Poddar vs The State Of Jharkhand & Ors on 3 December, 2020

Bench: Rajesh Shankar

                            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P.(C) No. 1979 of 2020
             Ganesh Burman @ Ganesh Poddar                   .....   ... Petitioner
                                               Versus
             The State of Jharkhand & Ors.                    .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Shresth Gautam, Advocate For the Respondents : Mr. Gaurav Abhishek, A.C. to A.G.

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04/03.12.2020 The present writ petition is taken up today through Video conferencing.

I.A. No.4993 of 2020 The present interlocutory application has been filed on behalf of the petitioner seeking challenge to the order dated 6th August, 2020 (Annexure- 9 to the present interlocutory application) passed by the Circle Officer, Fatehpur (the respondent no.2).

Learned counsel for the petitioner submits that a Bench of this Court vide order dated 29th July, 2020 while granting time to the learned counsel for the State to file counter affidavit observed that if the Circle Officer had not passed any order on the reply submitted by the petitioner, a speaking and reasoned order shall be passed by the said authority after providing due opportunity of hearing to the petitioner. Pursuant to the said order of this Court, the respondent no.2 has passed the order dated 6th August, 2020 holding inter alia that petitioner has made encroachment over the land pertaining to Khata No.65, Plot No.208 measuring an area of two acres out of total area of 28 acres situated at Mouza-Choukunda. Since passing of the order dated 6th August, 2020 by the respondent no.2 is the subsequent development in the matter, the petitioner may be permitted to challenge the same in the present writ petition.

Having heard learned counsel for the parties and considering the fact that the respondent no.2 has passed the order dated 6th August, 2020 during pendency of the present writ petition and putting challenge to the same will not change the nature of the writ petition, the petitioner is permitted to assail the same in the writ petition.

I.A. No.4993 of 2020 is, accordingly, disposed of.

W.P.(C) No. 1979 of 2020

The petitioner is directed to file amended writ petition incorporating the aforesaid prayer and the related facts within two weeks.

(Rajesh Shankar, J.) Rohit

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