Uday Shankar Jajware vs State Of Jharkhand And Ors

I.A. No. 9946/2019

The present interlocutory application has been filed on behalf of the petitioner seeking correction in the father’s name of the respondent Nos. 5, 6

& 7.

Learned counsel for the petitioner submits that the father’s name of the respondent Nos. 5, 6 & 7 has wrongly been mentioned in the cause title of

the present writ petition as Late Ganga Nand Khaware in place of Late Shyamanand Khaware as has been mentioned in paragraph 2 of the present

interlocutory application. Learned counsel for the petitioner further submits that the said mistake is the typographical one and as such the petitioner

may be permitted to make necessary correction in the cause title of the present writ petition.

Having heard learned counsel for the petitioner as well as learned A.C to S.C (L&C)-I appearing on behalf of the State-respondents, the petitioner is

permitted to change the father’s name of the respondent Nos. 5, 6 & 7 as Late Shyamanand Khaware in the cause title of the present writ

petition.

Let necessary correction in the cause title of the present writ petition be made by learned counsel for the petitioner in course of the day.

The present interlocutory application stands disposed of.

W.P.(C) No. 3164 of 2019

The present writ petition has been filed for issuance of direction upon the concerned respondent to expedite the proceeding of Misc. Case No.

11/2018 initiated under the provisions of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 [hereinafter referred to as ‘the Act,

1956’] against the respondent Nos. 5 to 9, which is presently pending before the respondent No.4.

Learned counsel for the petitioner submits that the petitioner made a representation on 12.12.2018 before the Chief Executive Officer, Municipal

Corporation, Deoghar stating inter alia that the respondent Nos. 5 to 9 have encroached his land. The said representation was transferred by the Chief

Executive Officer, Municipal Corporation, Deoghar to the respondent No.3 and a case being Misc. Case No. 11/2018 was registered. The respondent

No.3 issued a general notice on 05.01.2019. Thereafter, the petitioner filed a transfer petition on 21.02.2019 for transfer of the case record to the Sub-

Divisional Officer, Deoghar for registering the above case as revenue miscellaneous case as according to the petitioner, the part of the street was

encroached by the respondent Nos. 5 to 9. Subsequently, the respondent No.4 issued notice under Section 3 of the Act, 1956 to the respondent Nos. 5

to 9 to appear in the said proceeding. They appeared and also filed their respective show cause affidavits. However, since then the matter is pending

before the respondent No.4 and hence the respondent No.4 may be directed to expedite the hearing of the said case and dispose of the same without

any undue delay.

A counter affidavit has been filed on behalf of the respondent Nos. 2 to 4 stating inter alia that in fact, there is a civil dispute between the petitioner

and the respondent Nos. 5 to 9 and that the said proceeding has wrongly been described as a proceeding under the Act, 1956. Learned A.C to S.C

(L&C)-I however submits that if it is found that any public land has been encroached by the respondent Nos. 5 to 9, the same will be removed in

accordance with law.

Be that as it may. This Court is not presently entering into the issue as to whether the dispute is in relation to removal of encroachment from public

land or the same is a civil dispute between the petitioner and the respondent Nos. 5 to 9. Since it has been stated in the counter affidavit filed on behalf

of the respondent Nos. 2 to 4 that if both the sides cooperate with the respondent No.4, the pending proceeding will be decided expeditiously, the

present writ petition is disposed of directing the respondent No.4 to pass an appropriate order in accordance with law in Misc. Case No. 11/2018 after

providing due opportunity of hearing to the petitioner as well as the respondent Nos. 5 to 9, who shall fully cooperate the respondent No.4 in

expeditious disposal of the said case.

It is made clear that this Court has not entered the merit of the case.