High CourtsSINGLE BENCH(2017) 02 JH CK 0106

Abhay Prasad vs The State of Jharkhand & Another

Jharkhand High Court · Decided on 27 February 2017

HON’BLE JUDGES
Aparesh Kumar Singh
RESULT
Disposed
CASE NUMBER
825 of 2017

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Judgment

5 paragraphs · 226 words
1.

Heard learned counsel for the petitioner and the State.

2.

Petitioner seeks protection from being removed from an area at Camp-II, Bokaro Steel City, District-Bokaro where his Khatal is situated apprehending similar action as has been contemplated against two other persons Lalji Roy S/O, Late Ramashish Roy, Jwala Singh S/O Ramayan Singh by notice at Annexure-6 bearing Memo No. 142 dated 27.01.2017 issued by the respondent no. 4, Circle Officer, Chas. Paper cutting at Annexure-5 is being made the basis to apprehend such removal of encroachment. Annexure-1 is letter dated 16/21.08.1972 issued by the Town Administrator, Bokaro Steel City as per which petitioner claims to be allowed permission to carry on with structures (Khatal) along with few others near camp-II.

3.

Pleadings in the writ petition are insufficient and petitioner has also not been served any such notice to justify his apprehension. Newspaper reports cannot be the basis for interference. Notice at Annexure-6 shows, action to be taken for removal of encroachment on 29.01.2017 itself against those persons. Petitioner''s apprehension appears to be premature.

4.

In the aforesaid state of pleadings, no interference can be made at this stage. Petitioner may raise his grievances, if any action is taken, before the Competent Authority with adequate supporting facts and documents, which may be considered in accordance with law.

5.

The writ petition is accordingly, disposed of.