KALI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition was originally preferred by one Mangal Sah against the order dated 6th April. 1983, passed in Land Encroachment Case No. 2/82 -83 and the appellate order dated 17/31st July, 1983, passed in Case No. 39 of 1983. During the pendency of the writ petition, the petitioner died and his heirs Sheokali Devi and others were substituted in his place.

(2.) In this case, the dispute relates to 3 Kathas of land out of plot No. 2000, Khata No. 170 situated in village Dharamparta.

(3.) The case of the petitioners is that the total plot, in question belonged to Hathwa Raj, who settled the land, in dispute in favour of the original -petitioner, over which the original petitioner constructed a Pucca house and they are residing with the family. After vesting of Zamindari with the State of Bihar, the original petitioner applied for creation of Jamabandi in the year 1967 and taking into consideration the possession, receipts including Receipt No. 2516 dated 17th August, 1945, as well as the fact that the land, in question was in a corner of Plot No. 2000 and was not going to disturb the Bazar, jamabandi was created. Subsequently, when the petitioners were peacefully living in the house, at the instance of some inimical persons one Encroachment Case No. 3/64 -65 was initiated against the original petitioner. In the said case, after local enquiry, the Circle Officer recommended to drop the proceeding vide his report dated 12th September, 1968, there being no encroachment and the possession of land being based on settlement made by Hathwa Raj. Subsequently, the successor Circle Officer also submitted similar report on local inspection on 27th January, 1969. Thereafter, the L.R.D.C. vide his order dated 21st November, 1970, taking into consideration the merit, long possession of petitioners since 1945, other evidence and report of Circle Officer, held that the encroachment case was not maintainable against the original petitioner as lands were settled in his favour and the case was dropped.