Jharkhand High Court
Onkar Prasad Roy vs The State Of Jharkhand on 12 January, 2023
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 5571 of 2021
Onkar Prasad Roy ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Godda
3. The Sub-Divisional Officer, Godda
4. The Circle Officer, Poraiyahat, Godda ... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : None
For the Respondents : Mr. Gaurang Jajodia, AC to GP-II
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Order No. 07 Dated: 12.01.2023
The present writ petition has been filed for issuance of direction upon the concerned respondent authorities for removal of encroachment made on part of the land appertaining Mouza-Asari Madhuri, Thana No. 19, Khata No. 208, Dag No. 854, PO & PS- Poraiyahat, District-Godda being recorded in survey khatian as 'Rasta' by taking appropriate decision in Encroachment Case No. 02/2020 (according to the respondents, the said case is Encroachment Case No. 01/2020).
2. According to the petitioner, the land appertaining to Dag No. 854 is in front of his land. The petitioner has erected a boundary wall over his land so as to construct a residential house, however, some anti- social elements have kept construction material over part of the said public land for construction of a temple.
3. A supplementary counter affidavit dated 03.01.2023 has been filed on behalf of the respondent nos. 2 to 4 stating inter alia that Encroachment Case No. 01/2020 is still pending and the steps are being taken for removing the encroachment from part of the said public land. In the said process, one Rohit Roy and 20 others as well as 250-300 unknown persons who were armed with lathi and danda obstructed the action of the authorities on 24.12.2020, abused them and also pushed the respondent no. 4 thereby creating public nuisance. They also used criminal force to deter the public servants in discharging their duties. The said incident was reported in local police station in writing on 24.12.2020 itself, which led to lodging of an FIR being Poraiyahat P.S. Case No. 148/2020 under Sections 147, 148, 149, 290, 291, 332, 353, 2 323, 504 and 506 I.P.C. The investigation of the said case is still continuing.
4. Considering the said fact stated in the counter affidavit filed on behalf of the respondent nos. 2 to 4 and also keeping in view that the steps for removal of alleged encroachment from part of the said public land are being taken, there is no need to issue further direction in this case for the present. The respondent authorities including the respondent no. 4 are at liberty to take appropriate steps for removal of alleged encroachment from public land in accordance with law.
5. The writ petition is disposed of with aforesaid observation.
(Rajesh Shankar, J.) Manish