AWADH KISHORE SINGH Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. Nobody appears on behalf of respondents. However, learned counsel for the intervenor is present and has been heard in support of his intervention petition vide I.A. No. 1104 of 2010. Even counter affidavit has not been filed on behalf of the respondents.

(2.) THE petitioner is aggrieved by last portion of the order dated 24.8.1992 (Annexure -9) passed in Land Encroachment Case No. 1 of 1992 by the respondent Anchaladhikari, Cheriyabariyarpur in the district of Begusarai, whereby though,a declaration has been made that a plot of land bearing Khata No. 115 appertaining to Khesra No. 1039 area 7 Katha 8 dhurs situate at village/ Mauza Pabra , P.S. Cheriyabariyarpur, District Begusarai (hereinafter referred to as the land in dispute) is not a public land under the meaning of the Bihar Public Land Encroachment Act, 1956 (in short Act), yet in the light of the direction issued by the respondent District Collector, and the letter dated 28.7.1992 issued by S.D.O. Manjhaul, the rent receipt issued in favour of the petitioner has been cancelled and direction has been issued for removal of the alleged encroachment made by the petitioner over the land in question.

(3.) IT appears that a proceeding in terms of section 3 of the Act was initiated by the respondent Anchaladhikari, the Collector under the Act, and in response to the notice the petitioner appeared and filed his show cause claiming there in that land in question is his private land and it has never vested in the State of Bihar. Very maintainability of the proceeding was challenged on behalf of the petitioner. It was further claimed, that though land in question was donated for the purpose of setting up a Girls School, Pabra, but certain conditions were indicated in the aforesaid deed of gift. One of the conditions was that if for any reasons the girl school ceases to exist, then land in question will revert back to the donor. After hearing the parties, the final order dated 24.8.1992 was passed by the respondent Anchaladhikari in terms of section 6 of the Act, wherein it was held that claim of the petitioner regarding his right and title over the land in question appears to be correct and he has been issued rent receipt up to the year 1991 -1992. It has been further noticed by the respondent Anchaladhikari that a proceeding under section 144 Cr.P.C. was initiated between the petitioner at one side and Local Mukhiya at the other side, but that was finally dropped with an observation that aggrieved party may approach the Civil Court for declaration of his right and title over the land in question.