Azim Khan And Ors vs The State Of Jharkhand Through Its Chief ... on 27 June, 2016

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Jharkhand High Court

Azim Khan And Ors vs The State Of Jharkhand Through Its Chief ... on 27 June, 2016

Bench: Aparesh Kumar Singh

               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P. (C) No. 2031 of 2014
                                               ---
          1. Azim Khan
          2. Md. Neyazuddin Mallick
          3. Md. Mazharul Haque
          4. Hussnara
          5. Khairun Nissa
          6. Md. Alim                                    ---   --- ---- Petitioners
                                             Versus
         1. The State of Jharkhand through its Chief Secretary
         2. Additional Collector, Seraikella-Kharsawan
         3. Anchal Adhikari, Chandil, Seraikella-Kharsawan--- ---  --- Respondents
                                               ---
         CORAM:The Hon'ble Mr. Justice Aparesh Kumar Singh

          For the Petitioner: Mr. A.K. Sahani,, Advocate
          For the Resp - State: Mr. Satish Kumar, JC to GA
                                            ---
05/ 27.06.2016

Heard counsel for the petitioners and the State.

2. Petitioners are aggrieved by an order of remand passed in Land Encroachment Appeal No. 01/2013-14 by the Respondent No. 2 - Additional Collector, Seraikella-Kharsawan dated 08.01.2014 (Annexure-5) which arose out of an order passed in a proceeding arising out of Bihar (Now Jharkhand) Public Encroachment Act, 1956 i.e. Encroachment Case No. 3/2012-13 by the Circle Officer, Chandil (Respondent No. 3), whereunder petitioners were held to be encroacher of a public land comprised in Khata No. 476 Khesra No. 1392 Thana No. 332 Mouza Kapali for distinct areas in respect of the individual petitioners.

3. Petitioners incidentally had approached this Court in WPC No. 2092/2013 assailing the original order of the Respondent No. 3 - Circle Officer, Chandil dated 21.08.2012 and 24.12.2002. The said writ petition was however disposed of to enable the petitioners to approach the Appellate Authority for relief with an interim protection for a limited period.

4. The order of remand has aggrieved the petitioners as the Appellate Authority, while remanding the matter, has framed certain questions which, according to the petitioners, may touch upon the determination of questions of title. Specific reference is made to the issue no. 1, 2 and 6. Reliance has been placed on the judgment rendered by the learned Single Judge of this Court in the case of Rama Shankar Singh @ R.S. Singh & Ors. Vs. The State of Jharkhand & Ors and 2. analogous case [2010(3) JLJR 278] to submit that where disputed questions of title are involved, the same cannot be adjudicated in a summary proceeding like under BPLE Act.

5. Respondents have not filed any counter affidavit in the matter, nor were asked to do so on an earlier date. However, considering the fact that the petitioners have succeeded in appeal and the matter has been remanded for reconsideration before the Original Authority / Respondent No. 3 - Circle Officer, Chandil, this Court does not consider it necessary to examine the matter afresh, at this stage. However, the Circle Officer, Chandil (Respondent No. 3) while taking a decision on the encroachment case on remand, would bear in mind the position in law declared by the judgments rendered by this Court on the subject. As is obvious, on remand, petitioners are at liberty to rely upon all such available grounds of law and judgments on the point.

6. The writ petition stands disposed of with the aforesaid observations. However, let it be made clear that this court has not expressed any comments on the merits of the case.

(Aparesh Kumar Singh, J) Ranjeet/

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