The same matter cannot be re-opened over and over again under the Bihar Public Land Encroachment Act, 1956.

U.N. Sinha, J.

This application has been filed by the petitioner under Articles 226 and 227 of the Constitution of India praying that the proceedings of L.E.R. Case No. 33 of 1963-64 in the Court of the Deputy Collector Incharge, Land Reforms, Pakur, in the district of Santhal Parganas, which was instituted on a report made by the Sub-divisional Officer, P.W.D. Pakur on the 17th February, 1964 (Annexure G) may be quashed. The further prayer is to the effect that two ORDER :s passed in that case, on the 6th September, 1966, by the Additional Collector, Santhal Parganas, and on the 30th June, 1967 by the Commissioner of Bhagalpur Division against the petitioner may be quashed and cancelled.

2. The relevant facts are as follows: It is stated in the application that in 1945 the petitioner had purchased a pucca residential house at Pakur, situated on plot no. 1903 along with the land and to the south of this plot of land there is a road bearing plot no. 1865. In the proceeding in question the road has been described as Litipara-Pakur Road. It is stated that in 1957 there was a proceeding under the Bihar Public Land Encroachment Act, 1956 (Bihar Act XV of 1956) on a report filed by the S.D.O., P.W.D., Pakur, alleging that the house in question had extended over a portion of plot no. 1865. The proceeding was numbered as L.E.R. Case No. 45/71 of 1957-58. The case appears to have been that there had been an encroachment on a road by the house standing on plot no. 1903 to the extent of 31 feet x 6 feet. The petitioner had filed a show cause petition dated the 29th October, 1957, contending inter alia that he and his predecessors-in-interest were in possession of plot no. 1903 for more than sixty years and the alleged encroachment, if any, had become part of this plot of land by adverse possession to the knowledge of the Government. In due course, measurements were taken of the alleged encroachment and a report was given by the then Kanungo, dated the 16th May, 1958. The substance of this report was that the house standing on plot no. 1903 was an old one and there was an encroachment on plot no. 1865, to the extent of 46 links X 3 links and the encroachment also appeared to be an old one. It appears that the original case was converted into L.E.R. Case no. 49 of 1959-60 in the Court of the Deputy Collector Incharge, Land Reforms, Pakur, and a further report was submitted by the Kanungo dated the 6th February, 1960. The substance of the report was also the same regarding the extent of the alleged encroachment. It appears that there was a joint report later on, dated the 22nd December, 1963, made by the Kanungo and the Circle Inspector in the presence of the P.W.D. Amin and one Bagala Prasad Seal (said to be representing the petitioner) with respect to this alleged encroachments and the substance of this report was to the effect that there was an encroachment on plot no. 1865 to the extent of 3 links in average. It was stated in this report that the house in question was an old one and the extent of encroachment was negligible and it was suggested that the proceeding may be dropped on condition. The condition appears to be that when the report dated the 6th February, 1960 was given, the petitioner had asked for settlement of the encroached portion through the Public Works Department. The final ORDER :in this L.E.R. Case No. 49 of 1959-60 was passed by the Deputy Collector Incharge, Land Reforms, Pakur, on the 18th January, 1964. The ORDER :stated that perhaps there was some very negligible encroachment on the road. No party had appeared before this officer and in view of the joint .measurement report, mentioned above, the proceeding was dropped. It appears that for some reason or other a fresh report was made by the S.D.O., P.W.D., on the 17th February, 1964, to the S.D.O., Pakur in connection with the same alleged encroachment. The report showed that a portion of plot no. 1903 had encroached on plot no. 1865 (road) to the extent o