PHULMANI MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.K. Bhowmik, learned senior counsel for the petitioners and Mr. Ashish Kr. Thakur, learned A.C. to SC (L&C).

(2.) In this writ application the petitioners have prayed for quashing of B.P.L.E. Case No. 1/2001-02 initiated by the respondent No. 3 under the Bihar Public Land Encroachment by which the respondent No. 3 had directed the writ petitioner and the pro forma-respondents to get their title decided by the competent Civil Court. A further prayer has been made for quashment of Annexure-7 and Annexure-10 to the extent of directing the petitioner to file a civil suit for declaration of title.

(3.) The case of the original writ petitioner is that in the year 1928 his father Rakhal Chandra Mahto and his brother Durga Charan Mahto got the settlement of the land in question through a Registered Deed of Hukumnama registered in Jamshedpur Sub-Registry on 13.06.1928 by the then landlord of the village Bhagwatnanda Dev Goswami and Pratapnanda Dev Goswami. The land in question was initially covering a portion of the Bandh (Tank).