IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1769 of 2011
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Sanjay Mahto Petitioner
Versus
The State of Jharkhand & others Respondents
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CORAM: The Hon'ble Mr. Justice R.K. Merathia
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For the Petitioner: Mr. H.K. Mahato, Advocate
For the Respondents: Mr. A.K. Mehta, JC to SC (Mines)
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2.21.04.2011
Mr. Mahato, learned counsel, submitted that a notice was
issued to the petitioner by the Circle Officer, Sonahatu to remove the
alleged encroachment or if he is not satisfied with the measurement
done by Circle Amin, he can get it done by Amin at Sub Divisional or
District level. Accordingly, he moved the SDO and the Deputy
Commissioner, but no fresh measurement has been done as yet and if
any encroachment on Government land is found in the measurement,
petitioner undertakes to remove it immediately.
2. Mr. Mehta, learned counsel appearing for the State,
submitted that in the absence of counter-affidavit, he is not in a
position to either accept or controvert the statements made in the writ
petition. However, he submitted that a direction may be issued to the
concerned authorities.
3. In the circumstances, petitioner is permitted to make a
fresh representation before the Deputy Commissioner, Ranchi
(Respondent No. 2), who will get a competent Amin deputed for joint
measurement. If any encroachment is found on such measurement, it
will be removed by the petitioner / respondents within one week from
the date of joint measurement. If petitioner does not cooperate in the
joint measurement, the encroachment as alleged in the notice can be
removed. This exercise should be completed as early as possible and
preferably within three weeks from the date of receipt of such
representation.
It is made clear that this court has not gone into the
merits of the case of the petitioner.
With these observations and directions, this writ petition
stands disposed of.
(R.K. Merathia, J)
Ranjeet/