1. The writ petition has been filed for quashing the notice dated 27.8.1996, Annexure-8, issued by respondent no.3, the order dated 31.8.1996 passed by respondent no.3 in Land Encroachment Case No. 07/96-97 directing to remove the encroachment, Annexure-9, and also order dated 23.8.1999 passed by respondent no.2 in Land Encroachment Appeal No. 73/96-97, Annexure-10.

2. The land in dispute is Revisional survey plot no. 198, khata no. 173, area 18 decimals situated at village Tahwal- nagar, P. S. Shahkund, district Bhagalpur. The aforesaid disputed land was carved out from Cadestrai survey plot no. 55, khata no. 69, area 81 decimals. The said land was recorded in the Cadestrai survey as gairmajarua malik land. The ex- landlord of the land in dispute was Kumar Kalanand Singh of Banaili estate. The cadestrai survey plot no.55 along with other land area 2 bigha 6 katha 18 dhoor was settled in the name of Thakur Prasad Sinha by the ex-landlord of Banaili estate. Ex-landlord granted receipt in the name of Thakur Prasad Sinha evidencing settlement in his favour. The landlord sumbitted return with respect to cadestrai survey plot no. 55 in the name of Thakur Prasad Sinha at the time of vesting of zamindari, Annexure-2. After vesting of zamindari, jamabandi was created in the name of Thakur Prasad Sinha, the settlee. He also paid rent under receipt to the Government. The portion of cadestrai survey plot no. 55 was acquired by the State Government for the purpose of construction of P. W.D. Dak-Bunglow and compensation was paid to Thankur Prasad Sinha the setilee. After death of Thakur Prasad Sinha, his heirs sold 30 decimals of land to Shailendra Kumar Sinha, the husband of the petitioner by registered sale-deed dated 23.1.1961, Annexure-3, and put the purchaser in possession. The name of husband of the petitioner was mutated vide order in Mutation case no. 49/69-70 and a separate jamabandi was created in his name. He paid rent under receipt to the Government.

3. The revisional survey was started and it was completed in 1976. During Revisional survey the land in question was recorded as Anabad Bihar Sarkar and name of husband of the petitioner was recorded as an illegal possession since 1961, Annexure-4. The husband of the petitioner, thereafter, filed a suit bearing case no. 1039/76 under section 106 of the Bihar Tenancy Act before the Asst. Settlement Officer, Bhagalpur for declaration of his right and title over the suit land. The Asst. Settlement Officer decreed the suit vide judgment and decree dated 31.7.1980/8.8.1980 holding that the petitioner is in lawful possession of the suit iand. It has wrongly been recorded in the name of defendant-State of Bihar and directed to rectify the record in the name of plaintiff as he has perfect valid right, title interest and possession over the suit land, Annexures-5 & 5/A.

4. A land ceiling proceeding bearing no. 1104/1976 was initiated in the name of Ram Charitra Mandal, the father of husband of the petitioner, in which disputed land was included and final publication under section 11(1) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, hereinafter to be referred as the Act, was published in the district gazette dated 16th October, 1990 in which land in question was included as land of the petitioner, Annexure-7.

5. The respondent no. 3 initiated a iand encroachment case no. 07/96-97 against the husband of the petitioner and issued notice directing to remove the encroachment from the land in question failing which action under section 188 of the Indian Penal Code would be taken, Annexure-8. The son of the petitioner appeared and filed show-cause stating that Shailendra Kumar Sinha died and as such the proceeding against dead person is bad in law. In the show-cause question of maintainability of the proceeding was also raised claiming valid right and title over the suit land. The legal heir of Shailendra Kumar Sinha was not substituted and respon