Ajit Pramanik vs The State Of Jharkhand on 27 September, 2019

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Jharkhand High Court

Ajit Pramanik vs The State Of Jharkhand on 27 September, 2019

Bench: Sujit Narayan Prasad

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IN    THE    HIGH     COURT OF JHARKHAND                          AT      RANCHI
                      W.P. (C) No. 4801 of 2018
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     Ajit Pramanik                                                    Petitioner
                                         Vs.
     1.The State of Jharkhand

2.Deputy Commissioner, Seraikella-Kharsawan

3.Land Reforms Deputy Collector, Seraikella-Kharsawan

4.Circle Officer, Gamharia .... ... ... Respondents

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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : Mr. A.K. Sahani, Advocate For the Respondents : Mr. Durga Charan Mishra, A.C to Sr. S.C. III

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Order No. 05 : Dated 27th September, 2019 This writ petition is under Article 226 of the Constitution of India whereby and whereunder notice dated 23.08.2018 passed in BPLE Case No. 19/2018-19 has been sought to be quashed.

Mr. A.K. Sahani, learned counsel for the petitioner has submitted that the petitioner is a displaced person, who has been displaced at the time of construction of Subarnrekha Project and on oral assurance, he has constructed his house over the plot, which now is stated to be an encroachment.

He has further submitted that in lieu of such acquisition, the petitioner has been granted a Vikas Pustika, as would appear from Annexure 1 to the writ petition.

Further submission has been made that the notice has been issued upon the petitioner, however, no reply has been field as yet.

He has further submitted that he has made an application for settlement of the land, as would appear from Annexure 3 and as such he may be allowed to satisfy the authority on the notice, as contained in Annexure 4.

Mr. Durga Charan Mishra, A.C to learned Sr. S.C. II has submitted that the petitioner is required to file appropriate reply to the said show cause for its consideration by the concerned authority.

This Court, after hearing learned counsel for the parties and considering the fact of show cause has been issued to the petitioner, is of the view that in order to provide an opportunity to the petitioner to satisfy the authority on the issue of encroachment, at this stage, it will not be proper to quash the said notice rather than to permit the petitioner to file reply to the show cause before the Circle Officer, Gamharia for its consideration.

In view thereof, the petitioner is permitted to file reply to show cause in terms of notice dated 23.08.2018, enclosing therewith relevant documents, upon which, the petitioner wants to rely, within a period of three weeks from the date of receipt of copy of this order.

Upon receipt of such application, the concerned Circle Officer shall provide opportunity of hearing as also scrutinize the documents, which would be brought on record and take decision in accordance with law by passing a speaking order within a period of eight weeks from the date of receipt of such application.

With the aforesaid observations and directions, the writ petition stands disposed of.

(Sujit Narayan Prasad, J.) Alankar/-

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Jharkhand High Court