By the Court - The petitioner has challenged the impugned order (Annexure-10) dated 11.9.1999 passed by the Anchal Adhikari, Dhanbad in B.P.L.E. Case No.9/1998-99, whereby learned Circle Officer has held that the land of Khesra No.432, 433, 471, 472 and 480 measuring a total area of 2.97 acres appertaining to Khata No.28 of village Kharikabad, P.S. Dhanbad is a public land and the same has been encroached upon by the petitioner. The petitioner has been directed to remove the encroachment. The petitioner is also aggrieved by the appellate order passed by the Collector, Dhanbad (Annexure-15) dated 14.3.2000 whereby the petitioner's appeal has been dismissed.

2. According to the petitioner, the land in question is within its boundary wall and is in possession of the petitioner since 1959-60. The plan was approved by the Deputy Commissioner, Dhanbad long back on 3.8.1972 vide letter No. 2020 dated 4.8.1972. The Anchal Adhikari, without taking into consideration the said approval by the Deputy Commissioner and the petitioner's long possession since 1959-60 and without taking any measurement in presence of the petitioner, arbitrarily held that the land was encroached upon by the pe