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Judgment
Heard learned counsel for the petitioner and the Respondents.
Petitioner seeks interference of this Court in a larger public interest for
removal of unauthorized encroachment on Railway land situate at Debun Bagan
Tinplate Area within Golmuri P.S., Jamshedpur. Petitioner claims to be the social
worker having educational qualification of Intermediate and Course of Mining
(MET) and avowedly, does not have personal interest in pursuing this matter.
As per information furnished under the RTI through letter dated 13 /
19.08.2015 by Senior Divisional Engineer & PIO, Chakradharpur, the factum of
encroachment of 104 persons in Tinplate Area under Golmuri P.S. on the Railway
land has been admitted. Petitioner''s representation thereafter to the Divisional
Railway Manager, Chakradharpur has not resulted in any statutory action.
Learned counsel for the Respondents submits that under the provisions of
Jharkhand Public Land Encroachment Act, 1956, proceedings for removal of
encroachment can be initiated by the Collector on an application made by any
person or upon information received from any source, if it is found that any person
is responsible for continuance of any encroachment on any public land. Therefore,
petitioner may pursue his statutory remedy under the law.
Learned counsel for the petitioner submits that if so directed, petitioner
would take recourse to the provisions under the Act of 1956.
In the presence of statutory remedy under the Act of 1956 and the fact that
the petitioner approached the concerned authority vide representation at Annexure-
4 including copy to the Deputy Commissioner, East Singhbhum, Jamshedpur,
petitioner is at liberty to pursue the matter before the competent authority under the
Act for appropriate action. Writ petition is accordingly disposed of.