REHANA BANO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Original petitioner and the private respondent, both of whom are now substituted, have been fighting over an issue relating to alleged encroachment of 332 sq.ft. of land on the part of the petitioner of the leasehold land of the private respondent. B.P.L.E. proceedings in that connection were initiated in Case No. 01/1985-86 before the learned Land Reforms Deputy Collector, Chaibasa Sadar who decided the matter on 29th April, 1986 after hearing both the parties holding that the ancestors of the present petitioner leaseholder of Holding No. 579, Plot no.925 of Chaibasa Town if are encroaching over the matter beyond the leasehold area, they are obliged to remove the same. Circle Officer was directed to conduct a measurement of the leasehold area in question. The original applicant in BPLE Case No. 01/1985-86 Md. Maniruddin was claiming leasehold right over Plot No. 925 through his grandmother. The opposite parties ancestors of the private respondent were claiming leasehold right over Plot No. 923-924 in the name of Julua Khatoon. Order of the Land Reforms Deputy Collector dated 29th April, 1986 (Annexure-1) was made subject matter of the challenge by Md. Maniruddin in BPLE Appeal No. 44/1986-87 before the Deputy Commissioner, West Singhbhum, Chaibasa who, again on consideration of the rival pleas of both the parties, upheld the order and directed removal of encroachment by a particular date. The appellate order and the notice of the Circle Officer, Chaibasa dated 18th May, 2006 are impugned by the petitioner.

(3.) Respondents-State filed their counter affidavit supporting the impugned order while the private respondents have appeared through their counsel and defended the impugned order through their counsel.