UDAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against an order under Section 6 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') directing the appellant to remove the encroachment from a piece of land measuring 25 ft.X 30 ft. that is, 750 sq. ft. in area to the north of the Elphinston Cinema House and to the south of the premises occupied by the Patna Electric Supply Undertaking in the City of Patna to the north-east of Gandhi Maidan by the 15th of March, 1975.

(2.) The proceeding, it appears, was started at the instance of the Deputy Collector incharge Land Reforms, Patna, and was registered as Land Encroachment Case No. 116 of 1974-75. According to the authorities the said Land belonged to Khas Mahal of the Government and the petitioner had encroached upon it without any settlement from the Government.

(3.) The case of the appellant was that he ihad taken settlement of that piece of land from the authorities of the Patna Municipal Corporation and had paid a sum of Rs. 1687.50 paise. He claims that the land is flank of a road and, as such, the Patna Municipal Corporation had authority to settle it with the appellant. The learned Deputy Collector Incharge Land Reforms has rejected this plea of the appellant and held that as the land belonged to Khas Mahal, the Patna Municipal Corporation could not settle the land with the appellant and on the basis of that settlement the appellant could not claim any right to the land. Accordingly, he has passed the order which is the subject-matter of this appeal.