Eviction from public land must be in accordance with the Bihar Public Land Encroachment Act, 1956, after giving proper notice and opportunity to defend.

These petitioners have come before this Court being aggrieved by the action of the respondents threatening demolition of their residential houses standing on a portion of Khata no. 471, plot no. 2347, village Chitrapur, District-Ramgarh, which according to them, is being made without resorting to any proceeding whatsoever or any order from any competent authority.

2. Petitioner Bhola Saw in WPC No. 765/08 and Mazhar Alam in WPC No. 878/08 are the descendants of Uttim Sahu and Badruddin Hasan @ Sheikh Badruddin Hasan respectively who claim to be settled 0.10 acres and 0.54 acres of land, by the Manager of Ramgarh Estate on payment of proper salami, in the year 1945 and 1941 respectively in the said plot being plot no. 2347 Khata No. 471 village Chitrapur. Petitioners Enayatullah in WPC No. 865/08, Shafiullah in WPC No. 877/08, Bishndeo Ram in WPC No. 880/08 and Dinanath Mahto in WPC No. 867/08 have been sold certain portions of land by the petitioner Mazhar Alam and his brother Zafar Alam in the year 1999.

3. Counsel for the petitioners submits that the plot no. 2347 in khata no. 471 village Chitrapur, thana-Ramgarh, District-Ramgarh comprises 6.06 acres of Gairmajurua Khas land of Ex-landlord i.e. Ramgarh Estate. As stated herein above, Badruddin Hasan, father of Mazhar Alam and Uttim Sahu, father of Bhola Saw, were settled 0.54 and .10 decimals of land respectively by the Ex-landlord in the year 1941 and 1945 respectively. The annual rent was also fixed thereupon and it is claimed that the predecessor of these petitioners came into possession of the respective areas of the land settled in their favour by the Ex-landlord. It is further stated that after coming into force of Bihar Land Reforms Act, a demand was opened in the name of Badruddin Hasan and Uttim Sahu in Register-II and rent receipts were granted to them respectively from 1956 onwards. Badruddin Hasan had two sons namely Mazhar Alam, who is petitioner in WPC No. 878/08 and Zafar Alam and they are still paying rent to the State over the aforementioned land. Similarly, rent have also been regularly paid by the predecessor of Bhola Saw and Bhola Saw himself after opening of the demand. It is further submitted on behalf of the petitioner Mazhar Alam that a proceeding was initiated for cancellation of the rent receipts at the instance of one Md. Shibli in the year 1959 itself and by order dated 8th April 1959, the Additional Collector, Ramgarh recorded that the rent receipt cannot be cancelled which is annexure-4 to the WPC No. 878/08. It is further submitted on behalf of the petitioner Mazhar Alam that Anchal Adhikari has issued four Basgeet Parchas under the Bihar Privileged Persons Homestead Land Act bearing case nos. 1/78-79, 2/78-79, 3/78-79 and 4/78-79 with respect to 9 decimal, 5 decimal, 9 decimal and 9 decimal of land respectively of plot no. 2347 khata no. 471 in respect of four landless persons. Counsel for the petitioner Mazhar Alam submits that once again, recommendation was made by the Anchal Adhikari for cancellation of Jamabandi running in the name of Badruddin Hasan and others with respect to the same plot and case no. 2/93-94/27/93-94 was initiated in which the learned Deputy Collector, Land Reforms, after perusing the entire documents of the affected parties, rejected the recommendation of the Anchal Adhikari, Ramgarh and confirmed the Jamabandi of Badruddin Hasan (Annexure-6 to WPC No. 878/08). According to the petitioner-Mazhar Alam, by various sale deeds, he and his brother Zafar Alam transferred 10 ½ decimals of said land to the various persons in the year 1999 who are also aggrieved and preferred the instant writ applications which are being heard and decided today, as indicated herein above by the Petitioners Enayatullah, Shafiullah, Bishndeo Ram and Dinanath Mahto respectively. It is the categorical case of these petitioners that before threatening to demolish houses and structures belonging to these petitioners, no proceeding under the Bih