MURAHI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The Petitioners have approached this Court with a prayer for setting aside a notice, Annexure-3, issued by Respondent-Anchal Adhikari, Durgawati in the district of Kaimur, whereby the Petitioners have been directed to remove their encroachment over the lands of khata No. 138 plot No. 60, area 2.37 decimals, details of which have been given in the aforesaid notice, as contained in Annexure-3, and further the date of hearing was fixed for 21.5.2003.

(3.) Learned Counsel for the Petitioners submits that as a matter of fact, the land of plot No. 60 appertaining to khata No. 138, area 99 decimals was settled in favour of Petitioner No. 1 by the ex-landlord and since then she has been coming in possession over the same. According to him, even ex-landlord submitted his Zamindari return showing the name of Petitioner No. 1 with respect to the lands in question. Therefore, in his submission, this land cannot be treated to be gairmajarua aam/public land.