Bishundeo Prasad Alias Bishundeo Sahu vs The State Of Jharkhand And Ors on 9 January, 2017

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Jharkhand High Court

Bishundeo Prasad Alias Bishundeo Sahu vs The State Of Jharkhand And Ors on 9 January, 2017

Bench: Aparesh Kumar Singh

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             W.P. (C) No. 6686 of 2016
                                      .....
             Bishundeo Prasad @ Bishundeo Sahu         --- Petitioner
                                      -Versus-
             The State of Jharkhand & others           --- Respondents

             CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh

             For the Petitioner       : Mr. Anil Kumar, Sr. Adv.
                                        Ms. Chandana Kumari, Advocate
             For the State            : J.C. to S.C.II
                                       ---

03/09.01.2017

: Learned senior counsel for the petitioner submits that the Sub-

Divisional Officer, Gumla in Encroachment Misc. Case No.M.145/2016-17 passed an order directing the Circle Officer, Ghaghra to initiate the process of cancellation of Jamabandi running in the name of the petitioner first and then proceed in the matter of removal of the encroachment. This, according to the petitioner, has been passed in exercise of appellate powers on the appeal preferred by the petitioner being aggrieved by order of the respondent no.5 Circle Officer, Ghaghra dated 20th June, 2016 part of Annexure-7 series directing removal of encroachment on plot no. 886, area 0.18 acre and plot no.886/1665, area 0.05 acres of Mauza Ghaghra, Khata No.6 of which the petitioner is in ownership and possession since 1984 by virtue of a registered sale deed (Annexure-4). Earlier encroachment proceedings in respect of the same piece of land were concluded in favour of the petitioner vide order contained at Annexure-6 in Encroachment Appeal Case No.32/1992 by Additional Collector, Gumla. Counsel for the petitioner further submits that memo of appeal was filed before the Sub-Divisional Officer, Gumla.

Counsel for the respondent State is allowed three weeks' time to obtain instructions and file counter affidavit without fail before the next date.

-2-

List the case under the same heading in the 1st week of February, 2017.

In the meantime, proceedings before the Circle Officer, Ghaghra- respondent no.5 shall be kept in abeyance.

(Aparesh Kumar Singh, J.) Shamim/

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