1. The petitioner has challenged the validity of the order contained in Annexure-6 dated 8-8-1988 passed by the respondent No. 3, the Collector under the Bihar Public Land Encroachment Act, disallowing the claim of the petitioner and directing him to remove the structure from the land in question bearing Khata No. 20, Plot No. 123.

2. The land in dispute is a Bakast Malik land and the petitioner has the title and possession over the same and he is paying the rent to the State. According to the petitioner the land in dispute is 12 decimal out of plot No. 123 situated in village Gurhanwa, whereupon since. 1946 the house of the petitioner exists for keeping cattles and implements etc. for the purposes of agriculture and for keeping grains. The said land was recorded as Bakast land of Mahanth Ram Narain Giri, who was the ex-intermediary of the land in question. The ex-intermediary used to organise a mela over the said land in question, twice a year. After vesting of the land in the state of Bihar this land was settled with the petitioner vide Rent Roll Fixation Case No. 4 of 1972-73. At the time of fixation of rent an agreement was executed by the petitioner to the effect that