RAMCHANDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) C.W.J.C. No. 572 of 1989 (R) and M.J.C. No. 298 of 1989 have been heard together and are being disposed of by this common judgment. C.W.J.C. No. 572/89(R). In this application under Articles 226 and 227 of the Constitution of India, the petitioners have sought for quashing the order dated 20-2-1989, passed by respondent Deputy Commissioner of Dhanbad in B.P.L.E. case No. 1/87 (State v. Ram Chandra Singh and others (Annexure-1) whereby the petitioners have been directed to remove the unauthorised and illegal encroachments made by them in plot Nos. 639, 641 and 643 appertaining to Khata No. 43 of Mauza No. 31, Dhobitarn, P.S. Bank-More, Dhanbad and to remove the same within two weeks from the date of the order, failing which the Coal-Superintendent (respondent No.4) could seek assistance of police force and Magistrate for removal of it and it has been further directed that since the petitioners have not made any claim on portions of plot Nos. 636, 638, 640, 642, 645 and 658 of the said khata, the Coal Superintendent could resume possession over these plots and also the order dated 8-3-1989 of Commissioner, North Chotanagpur Division in B.P.L.E. Case No. 27 of 1989 dismissing the appeal preferred by the petitioners against the order of the Deputy Commissioner, Dhanbad.

(2.) The petitioners state, inter alia, that the subject matter of dispute in the impugned proceeding are several plots measuring a total area of 34,000 sq. ft. out of those plots, the petitioners purchased 0.16, 0.18 and 0.09 acres respectively in this way that 0.16 acre in plot No.639 was purchased by petitioners Nos. 2 and 3 by virtue of a registered document dated 5-3-1982 and 0.27 acre in plot Nos. 642 and 643 of the said khata was purchased by petitioner Nos. 2, 3 and 4 on 22-5-1982 by different sale deeds for consideration after obtaining necessary permission under the Land Ceiling Act, came in possession of a total areas 0.43 acre in the aforesaid three plots and thereafter got their names mutated in the office of circle officer, Dhanbad and since then they have been paying rent to the authorities. The petitioners have constructed boundary wall and staff quarters, septic reservior, bath room, etc. for the purpose of running a petrol pump. A registered lease for a period of ten years in favour of petitioner No. 3 with regard to the aforesaid three plots on a rental of Rs. 25/ - per month was entered into. Petitioner No. 5 applied for necessary permission and/or agency to run petrol pump before Bharat petroleum Company and the then Dy. Commissioner on being approached by the said petroleum company, granted a no objection certificate for running a petrol pump and service station business in the said plot by its memo No. 2451/ Supply/ Dhanbad dated 8-8-1984 (Annexure-1/A) after obtaining necessary report from Circle Officer, Dhanbad (Annexure-1). They entered into a partnership business with effect from 1-3-1986, invested a huge amount to set up the business in the name of style of M/s. Kamdhenu service station, Shastri Nagar, Dhanbad and for that they also obtained cash credit facility from a Bank.

(3.) The petitioners have further averred that a proceeding under Section 144 of the Code of Criminal Procedure being M. P. No. 327 of 1985 (annexure-2) was initiated by Assistant Coal Superintendent against the petitioners with regard to the aforesaid purchased land and another case under the same provision being M. P. Case No. 1072 of 1985 was initiated against petitioner No. 1 Ramchandra Singh with regard to plot Nos. 640, 641, 642, 645 and 558 which by an order dated 16-10-1985 was made absolute against Assistant Coal Superintendent and vacated in favour of petitioner No. 1 (Annexure-3). The Coal Superintendent Dhanbad got a proceeding initiated, being case No. 9 of 1985 in the Court of Estate Officer, Dhanbad under Section 4 of the Public Premises (Eviction and Unauthorised Occupants) Act 1971 for eviction of petitioner No. 1 and that proceeding was decided ex parte without giving any opportunity by an order dated 1-6-1985, against which petitioner No. 1 filed Misc. Appeal No. 45 of 1985 and that was allowed by an order dated 16-4-1986 (Annexure-4).