Gita Kumari Mehta vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard  Mr.  Vijoy  Pratap  Singh,  the  learned  Senior  counsel appearing  for  the  petitioner,  Mr.  Amitesh  Kumar  Geasan,  the  learned State counsel and Mrs. Pinky Shaw, the learned counsel appearing on behalf of the respondent nos.3 to 7 (Sahibganj Nagar Parishad).

The prayer in this petition has been made for direction upon the respondents to remove and demolish the illegal construction being Culvert constructed by the office of the respondent no.4 under Storm Water  Drainage  System  and  15th  Finance  Fund  over  the  land  of  the petitioner being Plot Nos.705 and 706 situated at Pargana Teliagari Touzi Noa.599, Mouza Kelabari, District Sahibganj.

Mr. Singh, the learned Senior counsel appearing for the petitioner submits that the petitioner is having plot nos.705 and 706. He submits that said drainage is being constructed over plot no.704 and 708 however for the culvert the part of plot 706 has been encroached by the authority concerned blocking the ingrace and egrace of the petitioner. He submits that now pursuant to the order passed by this Court they have removed the said obstruction from the gate however entire construction has not been stopped and there is every likelihood that if it is constructed the ingrace and egrace of the petitioner will be blocked.

The learned counsel for the respondent State submits that pursuant to the earlier order of this Court, a committee was constituted by the Deputy Commissioner and the committee has reported that no encroachment is made of plot no.706, however, it is being constructed only on plot no.704 and 705.

Mr. Singh, the learned Senior counsel for the petitioner in reply submits that in absence of the petitioner the said demarcation and measurement was made and the authority concerned have not measured the land correctly. He further submits that for the same, the objection is also made before the Deputy Commissioner, Sahibganj (part of Annexure-8). He submits that in view of that proper direction may kindly be passed.

In view of above, it transpires that certain obstruction was made which was subsequently removed by the district administration which prima facie strengthen the case of the petitioner. It has been pointed out that in absence of the petitioner the said demarcation was made by the authority concerned and objection to that effect has been also made before the Deputy Commissioner Sahibganj and as such, this petition is being disposed of directing the Deputy Commissioner Sahibganj to consider the case of the petitioner and he may direct to demarcate the land in question in presence of the petitioner and pass appropriate order after providing opportunity of hearing to the petitioner.

This petition is accordingly disposed of.

Till the final decision is taken by the Deputy Commissioner Sahibganj in light of above direction, the status-quo, as on today, shall be maintained.

With  above  observation  and  direction  this  petition  is disposed of.

Pending petition if any also stands disposed of accordingly.