AWADH BIHARI GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ application has been filed on behalf of the petitioners for issuance of a writ mandamus, restraining the respondents from interfering with the peaceful possession and taking any steps for demolition of the pucca construction of the petitioners, raised over Plot No. 5, Khata No. 156, Touzi No. 525 area 1 Bigha 1 Katha at Mohalla-Hajipur within the jurisdiction of Khagaria Municipality. Through the amendment petition, which has been filed subsequently to the admission of the present writ petition' the petitioners have prayed that the possession of the Chabutra be restored back and the petitioners be adequately compensated for the harm and loss caused to them by the respondents during the pendency of the present writ petition.

(2.) The case of the petitioners, in brief, is that a chunk of land including the lands in question were purchased by one Harihar Prasad through different sale deeds in the years 1909 and 1912. The petitioners are sons and grand-sons of the said Harihar Prasad Sah. The copies of the sale deeds have been annexed with the writ petition and marked as 2 series. The lands were recorded in the name of the petitioners' family in the revenue records and they have been paying rent to the Ex-landlords as well as the State of Bihar. After creation of the Municipality in the town of Khagaria, the names of the petitioners were mutated and they have been paying rent to the Khagaria Municipality and getting receipts thereof. The petitioners as well as their father constructed residetial house and shops over the lands in question known as Gupta Market. The open land which was enclosed by a boundary wall, later converted into a Chabutra for use and benefit of the shop-keepers. There is a road about 20 ft. wide running from north to south, known as Thana Road, just adjacent to the same.

(3.) On 17-1-1987 all of a sudden to the utter surprise of petitioners, the respondents started demolishing the Chabutra in question. The petitioners were shocked and surprised to see the adamantal attitude of the authorities. No notice, whatsoever, under the provisions of Section 3 of the Bihar Public Land Encroachment Act, was ever served to the petitioners for showing cause, neither there was any demolition proceeding with respect to the Chabutra in question. When the oral request of the petitioners were not accepted by the officers concerned, an application to the same effect was filed before the District Magistrate, Khagaria, that the Sub-divisional Officer was went upon to demolish the Chabutra and the building of the petitioners. In the said petition it was mentioned that the Chabutra was in existence for 100 years and the piller of P.W.D. is there from which it was apparent that the said Chabutra was not an encroachment. The prayer was made that the steps be taken so that no harm be caused to the building and Chabutra of the petitioners.