LEELAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Manan Kumar Mishra, learned Sr. Counsel for the petitioners, learned counsel for the State as well as learned counsel for respondent no. 5.

(2.) The writ petition has been filed against the orders dated 22.09,1996, passed by the Circle Officer, Bagaha-2 in Encroachment Case No. 35/96-97, which has been affirmed by the Collector vide order dated 08.07.2005 in Revision Case No. RM76/98-99.

(3.) Learned counsel for the petitioners submits that in view of the admitted position that the petitioners were tenants on the property of Bettiah Estate, thus there was no legal justification to initiate any proceeding under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act'). He submits that from the counter affidavit of the respondent no. 5, it is now admitted position that the petitioner was a tenant and was also paying monthly rental.