1. The present writ petition has been filed for quashing the order dated 11.3.2000 passed in Misc. Case No. 28/1998-99 whereby the Deputy Commissioner, Deoghar, upheld the order of the Circle Officer for removal of the encroachment from the land upon which the petitioners are in possession.

2. The factual background of the case is that the land situated at Mouza-Nawadih No. 392, Plot No. 75 appertaining to Jamabandi No. 33/6, P.S.-Palajori, Dist. Deoghar (hereinafter called the said land) was recorded as Basauri Khas Malik of the proprietor/Ghatwal namely Hari Kishore Prasad Singh. He settled the said land to different raiyats including the ancestors of some of the petitioners much before the enforcement of the Bihar Land Reforms Act, 1950. For better appreciation of the case, the details of the settlements have been given as follows:

(i) One Yashoda Bala Dashi, grandmother of the petitioner no. 1 had been settled 4 decimals of land of plot no. 75 of Mouza-Nawadih by way of registered deed of settlement in the year 1946.

(ii) One Rakhal Kapri had been settled 2 kathas 10 dhurs of plot no. 75, marked plot no. 75/2 of MauzaNawadih. The son of Rakhal Kapri sold the said land to one Yusuf Ali Ansari, father of the petitioner no. 2 by registered sale deed dated 29.3.1967.

(iii) Bhola Nath Dutta (the father of the petitioner no. 3) had been settled 6 Kathas 5 dhurs of plot no. 75 marked as 75(ka) of Mouza-Nawadih by way of registered deed in the year 1945.

(iv) One Banshi Ram Marwari (father of the petitioner no. 4) had been settled 2 Kathas of land of plot no. 75 marked as plot no. 75/6 by way of registered deed in the year 1945.

(v) Bhola Nath Dutta (the father of the petitioner no. 3) had sold 2 decimals of plot no. 75 to Radha Shayam Sah (petitioner no. 5) by way of registered deed of sale dt. 25.4.1975.

3. All the petitioners are claiming their right by virtue of respective settlements in the year 1945-46 i.e. prior to 1st April, 1949 and after the settlement of the said land, Pucca building had been constructed thereon and the rent was being paid to the then Gharsara Estate and after vesting of Zamindari to the State of Bihar.

4. In November, 1998, in course of encroachment drive, the respondent nos. 2 and 3 threatened the petitioners to remove their Pucca structure failing which the same would be demolished, claiming the land to be Government land. Thereafter, the petitioners filed Misc. Case No. 28 of 1998-99 in. the Court of learned Deputy Commissioner, Deoghar for a direction upon the Circle Officer, Palajori not to disturb the peaceful possession of the petitioners. The Deputy Commissioner (respondent no. 2) directed the respondent no. 3 to submit report, who in turn submitted his report stating inter alia that the then Deputy Commissioner in Review Misc. Appeal No. 36 of 1963 held that plot no. 75 of Mouza-Palajori and plot no. 1244 of Mouza-Nawadih are Govt. land. On the basis of the said report, the D.C., Deoghar passed an ex parte order dated 11.3.2000 upholding the order of the respondent no. 3 to remove the petitioners from the plot no. 75 being encroachers on the said land.

5. The learned Senior Counsel for the petitioners submits that the impugned order has been passed by the Deputy Commissioner, Deoghar on the basis of the order dt. 4.5.1964 passed in Rev. Misc. Appeal No. 36 of 1963-64 as also the judgment dated 8.12.1960 passed by the Patna High Court in M.J.C. No. 313 of 1959. However, on perusal of the order dated 4.5.1964 passed in Rev. Misc. Appeal No. 36 of 1963-64, it would be evident that one Nityanand Prasad was the appellant in the said case. The petitioners were never noticed in the said case and, therefore, giving up of the claim pertaining to Plot No. 75 by said Nityanand Prasad has no binding effect and the same cannot be made applicable to the petitioners. It is further submitted that a Basauri settlement was also made with Nityanand Prasad by registered deed dt, 26.8.1947 with respect to plot no