GORAKH PRASAD BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THE petitioners have prayed for quashing the order dated 13.04.1993 passed by the Deputy Commissioner, Sahibganj in R.M.A. Case No. 32 of 1991 -92 as well as the order dated 02.08.1991, passed by the Deputy Collector, Land Reforms Sahibganj in R.E. Case No. 20 of 1988 -89/7 of 1988 -89 directing them to remove the encroachment over the land in question.

(3.) MRS . Sen Chaudhary, learned S.C. III appearing for the respondent No. 1, 2 and 3 submitted that it is the admitted position by the petitioners that they encroached upon the public land. Petitioner No. 1 himself filed an application before the Sub -Divisional Officer, Rajmahal, District - Sahibganj, in the year 1960 saying that the said plot No. 1068 is public road which had been encroached by the respondent No. 4. Encroachment was found and it was upheld up the Revisional Authorities. Plot No. 1068 is a public road and is being used by the public of the locality and encroachment is causing difficulties. She further submitted that petitioners never objected to the filing of the reports of the Amin by the respondent No. 4 before the Land Reforms Deputy Collector. Moreover, the correctness of the said Report was never questioned by the petitioners either before the Land Reforms Deputy Collector or before the Deputy Commissioner.