TRIBHUWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 20.7.1998 (Annexure -12) whereby the Circle Officer, in exercise of his power under Section 6 of the Bihar Public Land Encroachment Act, had directed the petitioner to remove the encroachment within seven days, failing which it has been threatened that encroachment shall be removed by use of police force, Further prayer made by the petitioner is to quash the order dated 31.7.1999 (Annexure -16) passed by the appellate authority whereby the appeal preferred against the aforesaid order has been dismissed.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the land bearing Khata No. 233 Plot No. 416 having an area of 0.1 katha at village Mairwa in the town of Siwan was originally recorded in the cadestral survey in the name of the District Board, Siwan. According to the petitioner, aforesaid land was settled on 9.2.1953 by a registered Kabuliyat in the name of Babu Ram Singh, uncle of the petitioner at the annual rental of Rs. 15. Petitioner 's case further is that his family members paid the rent of the District Board which gave rent receipts and he and his family members are in peaceful possession of the same since then. After the death of original settlee, namely Babu Ram Singh, according to the petitioner, he is in possession thereof till date. It has been stated by the petitioner that at the time when settlement was made, the land was in the form of ditch and after filling it construction was made and it does not create any hindrance in smooth flow of traffic.

(3.) IN the light of the aforesaid, petitioner filed his show cause and by order dated 20.5.1988 (Annexure -5), the Circle Officer dropped the proceeding; inter alia observing that the land in question over which the construction has been made, was settled by the District Board in favour of the predecessor -in -interest of the petitioner which has been transferred to the Public Works Department and hence, the dispute is of civil nature. According to the petitioner, the respondents accepted the said order and did not challenge the same before any superior court but again notices dated 20.4.1995 (Annexures -6/1, 6/2, 6/3) were issued stating therein that he had encroached the land which comes within the definition of Public Land under Section 2(3) of the Bihar Public Land Encroachment Act and in the aforesaid premise, he was asked to show cause as to why the said encroachment be not removed. Petitioner challenged the said order before this Court in a writ application which was registered as CWJC No. 7074 of 1995 (Dr. Tribhuwan Singh V/s. The State of Bihar & Ors.) and in view of the stand taken in the counter affidavit, by order dated 28.3.1979 (Annexure -7), the writ application was permitted to be withdrawn. Said order reads as follows :