SUBHASH ENTERPRISES Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Binod Kumar Singh, learned counsel for the petitioners, Mr. Raj Kishore Roy, learned GP-18 for the State of Bihar and Mrs. Nivedita Nirvikar for the intervener respondent no.6.

(2.) The petitioners have challenged the notices issued to them dated 23.08.2018 under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') by the Circle Officer, Aurangabad in Encroachment Case No. 09 of 2017-18. They have also challenged the orders dated 20.09.2018 passed subsequent to the said notices, for removal of encroachments from public land, in the said encroachment case, under Section 6(2) of the Act.

(3.) The notices have been brought on record by way of Annexures to the writ application, from which it can be easily ascertained that the they relate to Khata No. 191, Plot No. 263. The claim of the petitioners of their rightful possession over the land in question is based on their 'agreements for rent' with the landlord Manish Kumar Sinha and his wife Prabhawati Sinha. The copies of the rent agreements have also been brought on record by way of Annexures. It is evident from the rent agreements, copies of which have been brought on record, that the same relate to Khata No. 22 Plot No. 324.