High CourtsSingle Bench(2025) 06 JH CK 0959

Prakash Kumar vs State Of Jharkhand

Jharkhand High Court · Decided on 23 June 2025

HON’BLE JUDGES
Gautam Kumar Choudhary, J
RESULT
Dismissed
CASE NUMBER
W. P. (C) No. 5158 Of 2023

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Judgment

7 paragraphs · 254 words

Gautam Kumar Choudhary, J

Heard, learned counsel for the parties.

1.

The surviving defect(s), as pointed out by the office is hereby ignored for the present.

2.

The instant Writ Petition has been filed for quashing the notice as contained in Letter No.406 dated 30.08.2023 (Annexure-8) issued by the Deputy Commissioner, Hazaribag, regarding illegal encroachment on the Khas Mahal land appertaining to Mouza-Korrah, Thana N0.156, Holding Nos.105 & 312, Plot Nos.765, 766, 767 and 768 of District- Hazaribag.

3.

The claim over the said land is by way of lease and the petitioners claim to be in peaceful possession of the same, on the basis of registered agreement (Annexure-1) executed in the year 1966 and are in possession on the basis of a valid order passed by the Court.

4.

Having considered the submissions advanced on behalf of the petitioners and perusing the materials on record, it is apparent that the challenge is to the general notice regarding encroachment over the land, in question and issuance of the general notice cannot be said by any stretch of imagination to be infringement of the legal right of the petitioners. In case, the petitioners felt any infringement, it was incumbent upon the petitioners to have approached the competent authority. Almost two years have elapsed since the issuance of notice, but no development in the matter has been brought on record.

5.

Accordingly, I do not find any merit in the instant Writ Petition, as such, the same is dismissed. Pending I.A, if any, stands disposed of..