The summary remedy for eviction under the Bihar Public Land Encroachment Act, 1956 can be resorted to by the Government only against the persons who are in unauthorized occupation of any land which is "the property of Government". If there is a bona fide dispute regarding the title of the Government to any property, the Government cannot take unilateral decision in its own favor that the property belongs to it, and, on the basis of such decision take recourse to the summary remedy provided for evicting the person who is in possession of the property under a bona fide claim or title.

U.P. Singh, J.

In this writ application under Articles 226 and 227 of the Constitution of India, the petitioners have prayed' for quashing of the impugned orders dated 18.9.1991 (Annexure 12) passed by the Deputy Commissioner and dated 10.7.1989 (Annexure 6) passed by the Deputy Collector Land Reforms in a proceeding under the Bihar Public Land Encroachment Act. The Deputy Commissioner has affirmed the order of the Deputy Collector, Land Reforms. They have prayed for a writ of mandamus commanding the respondents to forbear from giving effect to or to act in pursuance of the impugned orders. Further, a direction to the respondents has been sought to hand-over the vacant possession of the premises taken by them under the purported execution of the said impugned orders.

2. The lands involved in the case under the Bihar Public Land Encroachment Act, besides other lands, were 'Gair-Abad Malik' lands of Jharia Raj and were in khas possession of Jharia Raj. These lands were permanently settled in the year 1947 and 1949 in favour of Smt. Usha Rani Devi who became the permanent occupancy raiyat and after vesting of the Zamindari she continued in khas cultivating possession over the settled lands with the other lands in and around settled lands being lands of the proceeding with due knowledge of Jharia Raj and officials of the State of Bihar after vesting of Zamindari. The lands appertaining to Khata nos. 196 and 197 of village Dhaiya, P.S. and District Dhanbad, vested in the State of Bihar as raiyat land and, thus, changed the nature and character of 'Gair-Abad Malik'. Thus the said land never vested in the State with the vesting of the Zamindari as public land and those plots of land never became the public land or the Government land within the meaning of Section 2(iii) and Section 9 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act'). Smt. Usha Rani Devi used to pay rent after the aforesaid settlement, including the lands of the aforesaid proceeding to the ex-landlord Raja Kali Prasad Singh till the vesting of the right of the intermediaries in the State under the provisions of the Bihar Land Reforms Act. The ex-landlord submitted return and Zamindari of the settled land, including the occupied lands by the raiyats at the time of vesting in which the name of Smt. Usha Rani Devi finds place in respect of those lands After due verification and bujharat, the possession of Smt. Usha Rani Devi was found over those lands and the revenue records were, accordingly, prepared in her name, On and from 22.9.1947 the State recognised Smt. Usha Rani Devi as permanent occupancy raiyat of the aforesaid lands and she acquired the status of a settled raiyat over the laid land and remained in continuous peaceful khas possession.

3. In or about the year 1952-53, the Land Reforms, Deputy Collector, Dhanbad, initiated an annulment proceeding against Smt. Usha Rani Devi in Annulment Case No. 11/1952-53 about the lands covered under registered deeds of settlement dated 3.10.1950, and 22.11.1949 and 15.12.1949 under section 4 (h) of the Bihar Land Reforms Act. By order dated 14.11.1960, the settlements were annulled by the Land Reforms, Deputy Collector. On appeal preferred before the Deputy Commissioner (Annulment Case No. 2/61), by his judgment dated 21.9.1962, the Deputy Commissioner held that the lands covered under registered deeds of settlement dated 22.11.1949 and 15.12.1949 were the lands saved to the Raja of Jharia under sections 5, 6 and 7 of the Act and, accordingly, a direction was given for fixing appropriate rent by the revenue authorities for the said lands treating it to be agricultural land. The judgment of the, Deputy Commissioner, Dhanbad, was finally confirmed by the State of Bihar in the revenue department letter dated 4.5.1968 addressed to the Deputy Commissioner. In this view of the matter, the lands so covered under the registered deeds of settlement vested in the State as raiyati lands remaini