The court affirmed that the petitioners failed to prove any right, title, or interest over the public land, validating the encroachment proceedings under the Bihar Public Land Encroachment Act.

JUDGMENT :

(Mohit Kumar Shah, J.)

The present writ petition has been filed for quashing the notices dated 03.03.2020, 09.05.2020 and 07.07.2020, issued by the Circle Officer, Nauhatta i.e. the respondent no. 5, whereby and whereunder the petitioners have been directed to remove the encroachment from the land appertaining to Thana No. 626, Khata No. 274, Khesra No. 1123 and 1133 situated at Mauja-Panduka, P.S. Chutiya, District-Rohtas.

2. The brief facts of the case, according to the petitioners are that after receiving the aforesaid notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the ‘Act, 1956’), the petitioners and others had visited the Circle Officer, Nauhatta i.e. the respondent no. 5 and had filed their objections regarding measurement of the land in question, however, no heed was paid and instead notice under Section 6(2) of the Act, 1956 has been issued, which is illegal.

3. It is further submitted by the learned counsel for the petitioners that again a notice dated 03.05.2024 has been issued to the petitioners to remove the encroachment in question, in connection with Encroachment Case No. 6 of 2023-24. It is the contention of the learned counsel for the petitioners that the respondent no. 5 has, without carrying out proper measurement, passed the final order under Section 6(1) of the Act, 1956, in connection with the encroachment proceedings initiated in the year 2020, however, no encroachment case number has been mentioned either in the notice dated 03.03.2020 issued under Section 3 of the Act, 1956 or in the notices issued under Section 6(2) of the Act, 1956 dated 09.05.2020 and 07.07.2020 and thereafter, behind the back of the petitioners a new encroachment proceeding vide Encroachment Case No. 6 of 2023-24 has been initiated by the respondent no. 5 and the final order under Section 6(1) of the Act, 1956 has been passed, whereupon notice dated 03.05.2024 has been issued under Section 6(2) of the Act, 1956 to remove the encroachment in question, in an illegal manner. Thus, it is submitted that the aforesaid notices dated 03.3.2020, 9.5.2020, 07.07.2020 and 03.05.2024 issued by the respondent no. 5 are fit to be quashed.

4. Per contra, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit, filed by the District Magistrate, Rohtas that an enquiry committee was constituted to enquire into the matter, vide letter dated 04.07.2024, whereafter joint report dated 10.07.2024 has been submitted by the D.C.L.R., Dehri and the S.D.M., Dehri, from which it transpires that initially an encroachment proceeding, vide Encroachment Case No. 17 of 2019-20 was initiated by the respondent no. 5, upon a joint application having been made by 117 villagers to remove the encroachment made by the petitioners and others on public road/Rasta/Anawad Sarvsadharan land, whereafter notices under Section 3 of the Act, 1956 were issued to the petitioners and others, whereupon the petitioners had appeared before the respondent no. 5 and had requested him to get the encroached land measured, leading to measurement being conducted on 09.06.2020 and ultimately it was found that the land in question is Anawad Sarvsadharan land, hence notices were issued to the petitioners on 07.07.2020 and again on 18.07.2020, to remove the encroachment, in view of the fact that admittedly the land in question is a public land and the nature of land is Anawad Sarvsadharan, however, the petitioners did not remove the encroachment in question, despite final order having been passed by the Circle Officer under Section 6(1) of the Act, 1956 in connection with Encroachment Case No. 17 of 2019-20 on 22.05.2020/07.07.2020, which has also not been challenged by the petitioners till date.

5. It is further submitted by the learned Counsel for the respondents that subsequently, one another encroachment proceeding bearing Encroachment Case No. 6 of 2023-24 was initiated by the respondent no.