ABHAY SHANKAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER dated 17th January, 2008 passed in Encroachment Case No. 7/07 -08 (Annexure -1) by learned Circle Officer, Munger as well as the order dated 22nd December, 2008 passed by the Collector, Munger in Appeal No. 4/07 -08 (Annexure -2) are under challenge in the present writ application.

(2.) SOME basic facts are not disputed in the present writ application. The land in question is a Khas Mahal land which was settled in favour of one Bishundeo Narayan Singh way back on 25th October, 1929 by a so -called registered lease deed. There was a clause for renewal in the said deed. According to the petitioner when the period of lease was still subsisting, the family members of the present petitioner acquired interest in the said land by way of a sale deed in favour of Smt. Awadh Kishori Devi, the mother of the present petitioner. The sale deed is stated to be registered and is dated 26th of May, 1967. Petitioner 'sfamily thereafter got a map plan approved by the Munger Municipality built a house and started to occupy it. The background to the present dispute is that the Indian Railways decide to construct rail -cum - road bridge over the river Ganges, a long demand of the people of the area and much needed communication and for the said project lands came to be acquired by due process of law by the State Government. As the land of the petitioner alongwith some other plots were found to be Khas Mahal land, not in the possession of the original lessees, the State Government vide a notification/communication dated 13.3.2007 informed the Collector, Munger that the Government has decided to resume the lands indicated in the communication, for the purpose of the project in question.

(3.) HOLDERS of the lands including this petitioner were asked to vacate the same. Since they refused to heed to the request of the State Government or the district authority, a proceeding under Public Land Encroachment Act was initiated not only against this petitioner but against other landholders as well.