Mohit Kumar Shah, J. – The present writ petition has been filed for quashing a part of the order dated 24.02.2018, passed in Case No.59 of 2016, by the Municipal Commissioner, Nagar Nigam Begusarai, i.e. the respondent no.2 herein, whereby and whereunder the respondent-authorities have directed the petitioner to remove 18 feet of encroachment made over government tubewell.

2. The brief facts of the case, according to the petitioner, are that the grandfather of the petitioner, namely, Ram Gulam Sahu along with his brother Gandhari Sahu had purchased 11 katha, 8 dhur of land by a registered sale deed dated 03.02.1953 from Baijnath Jha, appertaining to Khata No.353, Khesra No.102, Thana No.342, Tauzi No.766, situated at Mauza-Mirjapur Bandwar, Anchal Begusarai, District-Begusarai. The aforesaid land had fallen in the share of the father of the petitioner, whereafter the father of the petitioner had become exclusive owner thereof. Subsequently, a portion of the land to the extent of 5 katha, 16 dhur, 5 dhurki was sold by the father of the petitioner in the year 2000 by a registered sale deed, however, the land admeasuring 5 katha, 11 dhur, 5 dhurki was retained by the family. It appears