Lalan Yadav vs State Of Jharkhand

Rajesh Shankar, J

The present writ petition has been filed for quashing the notices dated 3rd July, 2024 and 2nd August, 2024 issued by the Additional Town Commissioner, Municipal Corporation, Mango, Jamshedpur- respondent no.4, whereby the petitioner was directed to produce documents within seven days with regard to construction made by him. Further prayer has been made for quashing the notice dated 6th August, 2024 issued by the Circle Officer, Mango-respondent no.3 in J.P.L.E. Case No.10 of 2024-25 under Section 3 of the Jharkhand Public Land Encroachment Act, 2000 (hereinafter to be referred as ‘the Act, 2000’) with regard to the land appertaining to Khata no.727, plot no.3128, measuring an area of 50’ X 10’, Mouja Mango Notified Area, Ward no.10, P.S. Mango, District East Singhbhum, directing him to appear on 21st August, 2024 and to show cause as to why such encroachment should not be removed.

Learned counsel for the petitioner while responding to the query of this Court submits that the petitioner has not yet filed his reply to the notice dated 6th August, 2024 (Anexure-6 to the writ petition) issued by the respondent no.3.

Having heard learned counsel for the parties and considering that the notice under Section 3 of the Act, 2000 has already been issued by the respondent no.3, this Court is not inclined to enter into merit of the case at this stage. The petitioner is, however, at liberty to file reply to the said notice within two weeks. On receipt of the said reply, respondent no.3 shall pass an appropriate order in accordance with law within three weeks thereafter.

The writ petition is disposed of with the aforesaid liberty and direction.