JASWANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the impugned order contained in annexure -6 passed by the Deputy Commissioner, Singhbhum in an appeal under Sec. 11 of the Bihar Public Land Encroachment Act, whereby the order of the LRDC passed in favour of the petitioner has been set aside, and the SDO Dalbhum has been directed to take necessary action for removal of the encroachment.

(2.) The petitioner has been running a hotel over a portion of land measuring 25 feet X 70 feet over survey plot No. 636 situated at Bistupur, Jamshedpur, in Ward No. 4, within the Notified Area Committee. The petitioner was running the hotel since 1962 and had constructed a building thereon.

(3.) On the basis of a report submitted by the Local Karamchari and the Circle Inspector, the Land Reforms Deputy Collector initiated a proceeding under Sec. 3 of the Bihar Public Land Encroachment Act, 1956 for removal of the alleged encroachment. The petitioner, in his show cause contended that the land in respect of which, the proceeding was initiated was not a public land and was in fact coming into his possession since 1962. He had raised a Pucker construction thereon and a proceeding for recording the said plot in his name was pending before the Assistant Settlement Officer. The petitioner also claimed title by adverse possession.