MANOJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE is a single petitioner in each of these six writ petitions filed against a common order passed by the Collector, Jehanabad in appeals arising from proceedings held under the Bihar Public Land Encroachment Act (herein -after referred to as the 'Act').

(2.) THE Circle Officer, Jehanabad initiated proceedings under the Act against nine persons (including, these six petitioners before this court) who are, in occupation of portions of plot no. 209 under Khata No.326 having an area of 43 decimals and situated at Mauza Makhdumpur Unta Madarpur in the District of Jehanabad. The stand of the proceedees was that they were in lawful possession of their respective pieces of land. But according to the State, Plot no. 209 was a public land over which they have made unauthorised encroachments. The Circle Officer, by separate orders passed in each of the nine proceedings, rejected the defences raised by the proceedees and directed for their removal from the pieces of land under their respective occupations.

(3.) IT appears that against the orders passed by the Circle Officer, the proceedees jointly came to this court in CWJC No. 1729 of 1997. Though the order passed in that writ petition is not brought on the record, nor the directions(s) given by this court in that case is clearly spelt out in these writ petitions, it appears from the order passed by the Collector (coming under challenge in these writ petitions) that in the earlier writ petition (CWJC No. 1729 of 1997), this court, having regard to the fact that a statutory appeal was available to the proceedees, declined to interfere and left it open to the proceedees to seen their remedy by filing appeals against the orders passed by the Circle Officer. Pursuant to the direction given by this court in CWJC 1729/97 the nine proceedees preferred separate appeals before the Collector, Jehanabad against the orders of their ejectment passed by the Circle Officer, Jehanabad. The nine appeals thus filed before the Collector, Jehanabad were heard together but the main order dated 14.5.1998 was passed in Case No. 27/DM/96 -91 filed by Onkarmal Khetan (petitioner in CWJC No.5568 of 1998). The other appeals were disposed of simply with reference to the order passed in the appeals of Onkarmal Khetan.