OM PRAKASH SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioners and the State.

(2.) IN the instant writ petition the petitioners pray for quashing the order dated 27.10.2004 passed by the Collector, Patna in Land Encroachment Appeal No. 11/95 -96, whereby the Collector, despite the direction of this Court dated 14.5.1998, passed in C.W.J.C. No. 11206 of 1996, instead of deciding the matter himself, remitted it to the court of D.C.L.R. for enquiry. A copy of the impugned order dated 27.10.2004 is at Annexure -1. This case has a chequered history. The petitioner states that he purchased 7.6 Kathas of land appertaining to Plot No. 668, Thana No. 14, situated south of Mithapur -Khagaul Road from the heirs and legal representatives of Mrs. Mariam Gomez through a registered sale deed dated 12.6.1957. Thereafter, in accordance with duly sanctioned house plan, the petitioner constructed a house on it in the year 1958. In 1960, he applied for addition and extension for constructing a double storey on the existing structure which was sanctioned by the Patna Improvement Trust vide Case No. 779 of 1960. However, in the year 1983, a land encroachment proceeding was initiated by respondent no. 4, the D.C.L.R., vide Land Encroachment Case No. 11 of 1983 -84, on the report of the Executive Engineer, P.W.D., New Capital Sub -Division. After due enquiry, the D.C.L. R. dropped the land encroachment proceeding on 12.10.1984.

(3.) THE petitioners state that after a lapse of five years, another proceeding was initiated against them, which was already the subject matter of an earlier encroachment proceeding and duly dropped after making due enquiry. The initiation of a fresh land encroachment proceeding led to filing of various cases including filing of writ petition before this court. One such writ petition bearing C.W.J.C. No. 11206 of 1996 was filed by the late father of the now substituted petitioners against the order dated 9.3.1994, passed by the D.C.L.R. in Land Encroachment Case.No. 23/89 -90 and also the order dated 10.9.1996 passed by the Collector in Land Encroachment Appeal No. 11/95 - 96. In the aforesaid orders it was held that they had encroached a portion of plot no. 471 which was recorded as Kaiser Hind.