ARTI GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petition was preferred by one Subroto Kumar Gupta and 5 others against the order dated 19th October, 1993/27th October, 1993 passed in Encroachment Case No. 77/ 1993 -94 and common appellate order dated 29th October, 1993 passed in Encroachment Appeal No. 9/1993.

(2.) IN the Encroachment Case the Deputy Collector Land Reforms, Hazaribagh ( 'DCLR ' for short) declared the land in question as public land and ordered to remove the petitioners. The appellate authority while observed that Encroachment has already been removed in the light of order passed by the lower Court, refused to restore possession of petitioners but given them liberty to seek redressaf at proper forum. If they have any grievance.

(3.) THE case of the petitioners is that the land in question was homestead/Lakhe Raj land having leased to one Beni Ram Bhagat. The heirs of Beni Ram Bhagat, namely, Olan Ram and Anant Ram sold plot No. 37, 38, 39 and 40 of Mauza, Nawada, Thana and Municipality, Hazaribagh having Thana No. 139, Khewat No. 2, 4/2 and 5 to Babu "Baidya Nath Gupta and Girindra Kumar Gupta i.e., the predeces -sor - in -interest of (deceased) Subroto Kumar Gupta by a registered deed dated 11th May, 1985/19th July, 1985.