BHARAT COKING COAL LIMITED Vs. DHARAM RAJ SINGH

JUDGEMENT

(1.) Since the issues involved in both the writ applications are identical, they are taken up together and disposed of by this common order.

(2.) The dispute in both these writ applications is in respect of the premises which is admittedly in occupation of the petitioner and for which, proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, were initiated for the petitioners' eviction from the lands measuring about 30 decimals.

(3.) As it appears from the pleadings and submissions of the rival parties, both parties have raised their claim of right, title and interest over the disputed property. While the petitioner BCCL has claimed its right on the ground that a permanent lease in respect of the land was granted sometimes in the year 1942 and ever since then, the petitioner BCCL is in occupation of the lands, the respondent on the other, has raised a rival claim by contending that the land was purchased from the original recorded raiyat prior to 1963 and ever since the date of purchase, he has been coming in continuous occupation and possession of the land and furthermore, that the lands have been mutated in the Revenue Records of the State Government in the name of the father of the present respondent.