SHIV SHARAN YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed for quashing the order dated 10.04.2007 passed in R.M.A No. 11 of 2006-07 whereby the Commissioner, S.P. Division, Dumka (respondent No. 2) upheld the order of the Deputy Commissioner, Dumka (respondent no. 3) passed in R.M.A No. 32 of 2003-04 confirming the order of the S.D.O, Dumka (respondent No. 4) passed in E.E. No. 114 of 1998-99 directing removal of encroachment from plot no. 1913 of Mouza-Dumka (T) No. 7.

(3.) The factual background of the case as stated by the petitioner in the present writ petition is that in the year 1932-33 his father late Mukund Mahato @ Yadav being landless had constructed a pucca dwelling house upon a plot being Plot No. 1913 of J.B No. 28 of Mouza-Dumka Town No. 7, P.S-Dumka having area of 1 katha 10 Dhur (hereinafter called the said land), which stands recorded as Bakast Malik during the Gantzer settlement. Thereafter, the father of the petitioner approached the then landlord for the settlement of the said land in his favour and accordingly the landlord settled the said land by way of Patta in the year 1932-3 It is claimed by the petitioner that since then the father of the petitioner came in physical possession of the said land. In the year 1968, the Circle Officer, Dumka filed a land encroachment case under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to be as "BPLE Act, 1956") and forwarded the same to the L.R.D.C, Dumka, who further forwarded the matter to the respondent no. 4 vide order dated 007.1970 to take necessary action against the petitioner in accordance with the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949. Thereafter the respondent No. 4 passed an order dated 16.01971 of eviction against the father of the petitioner from the said land. Thereafter, the father of the petitioner filed an appeal being Rev. Misc. Appeal No. 117 of 1971-72 before the Deputy Commissioner (respondent no.-3). Finally, the appeal of the father of the petitioner was dismissed vide order dated 29.01.1973 but in revision being R.M.R No. 28 of 1973, the Commissioner, S.P. Division, Dumka (respondent no.-2) set aside the order of the respondent no. 3 and remanded the matter to respondent no. 3 directing that a land encroachment proceeding may be initiated against the petitioner under the Bihar Public Land Enforcement (Revised) Act, 1972 (hereinafter to be referred as "BPLE Act, 1972"). In the meantime, the respondent no. 5 filed a petition before the Circle Officer, Dumka for enquiry of the matter whereupon the Circle Officer, Dumka directed the petitioner to remove the encroachment vide notice dated 31.05.1999. Thereafter, the petitioner moved against the notice dated 31.05.1999 before the Patna High Court in C.W.J.C No. 5428 of 1999, which was allowed vide order dated 17.09.1999 directing the respondent authorities that the petitioner can be evicted only on the basis of an order passed by a competent authority in a proceeding duly instituted in accordance with law. Meanwhile, the respondent no. 5 filed a case under Section 3 of BPLE Act, 1972 being E.E Case No. 114 of 98-99 before the respondent no. 4, who vide order dated 11.08.2003 directed the petitioner to vacate the said land. Aggrieved thereby, the petitioner filed an appeal before the respondent no. 3 being R.M Appeal No. 32 of 2003 but the same was also dismissed vide order dated 16.02.2006. During the pendency of the appeal, the respondent no. 5 filed a writ petition being W.P.C No. 2276 of 2003, which was dismissed on 09.05.2003 being not maintainable. The petitioner, thereafter, filed second appeal being R.M.A No. 11 of 2006-07 before the respondent no. 2, which was also rejected by holding that the said land is a public land, which gives rise to filing of the present writ petition.