1. Order dated 17th January, 2008 passed in Encroachment Case No. 7/07-08 (Annexure-1) by learned Circle Officer, Munger as well as the order dated 22nd December, 2008 passed by the Collector, Munger in Appeal No. 4/07-08 (Annexure-2) are under challenge in the present writ application.

2. Some basic facts are not disputed in the present writ application. The land in question is a Khas Mahal land which was settled in favour of one Bishundeo Narayan Singh way back on 25th October, 1929 by a so-called registered lease deed. There was a clause for renewal in the said deed. According to the petitioner when the period of lease was still subsisting, the family members of the present petitioner acquired interest in the said land by way of a sale deed in favour of Smt. Awadh Kishori Devi, the mother of the present petitioner. The sale deed is stated to be registered and is dated 26th of May, 1967. Petitioners family thereafter got a map plan approved by the Munger Municipality built a house and started to occupy it.

3. The background to the present dispute is that the Indian Railways decide to construct rail-cum-road bridge over the river Ganges, a long demand of the people of the area and much needed communication and for the said project lands came to be acquired by due process of law by the State Government. As the land of the petitioner alongwith some other plots were found to be Khas Mahal land, not in the possession of the original lessees, the State Government vide a notification/communication dated 13.3.2007 informed the Collector, Munger that the Government has decided to resume the lands indicated in the communication, for the purpose of the project in question.

4. Holders of the lands including this petitioner were asked to vacate the same. Since they refused to heed to the request of the State Government or the district authority, a proceeding under Public Land Encroachment Act was initiated not only against this petitioner but against other landholders as well.

5. Objections came to be filed. The so-called documents and the evidence claiming right, title and interest over the lands were produced before the Circle Officer, Munger. The matter was heard on several dates and finally one of the impugned orders contained in Annexure-1 came to be passed directing eviction of the petitioner from the piece and parcel of the land. It was held by the Circle Officer that since the petitioner was not the original lessee of the Khas Mahal land in question as also the sale, purchase and alienation was without due information and permission of the State Revenue Authority, the sale deed which is in favour of the mother of the petitioner will not give right, title and interest in favour of the petitioner.

6. Petitioner not being satisfied with the said order filed a statutory appeal before the Collector, Munger and the Collector, Munger has also rendered his decision which is contained in Annexure-2 and is also subject matter of challenge in this writ application.

7. Learned counsel representing the petitioner submits that no doubt it was a Khas Mahal land but it is a fact that the same was bought through a registered sale deed way back in the year 1967 and the house in question has been constructed after getting the map and the sanction plan approved by the municipal authority and even holding tax is being paid for a long period of time. The petitioner therefore has acquired a right. In the alternative it is also urged that in view of the said hostile possession the petitioners property must be acquired by the State Government under the Land Acquisition Act and at least compensation be paid since the petitioner has no other residential house or property.

8. Learned counsel for the petitioner tried to fortify his submission relying on a decision rendered in the case of Smt. Sushila Srivastava & Others Vs. State of Bihar & Others alongwith other analogous cases reported in 2000(1) PLJR 301. In the said case the Court after consider