Heard learned counsel for the parties.

2. The present writ petition has been filed for restraining the respondents from encroaching the raiyati land of the petitioners and further for restraining the unauthorized construction of road upon it.

3. Learned counsel for the petitioners submit that the petitioners are the raiyati owners of the land of Mouza-Polkiri, Mouza No. 241, Old Khata No. 85, New Khata No. 255, Old/new plots 2447/2476, 2448/2481 and 2449/2480 measuring total area of 4 acres and 63 decimals as per old Khatian and 4 acres and 35 decimals as per new Khaitan at P.S.-Chandankiari, District-Bokaro, jointly recorded in the name of Babulal Mandal (father of the petitioner no. 1), Khandu Mandal (father of the petitioner no. 2) and Jaidev Mandal (petitioner no. 3). The said land was inherited by the petitioners and other legal heirs of the said recorded raiyats and came in possession of the same and paying rent thereof. It is further submitted that the respondents are encroaching upon the land of the petitioners and are constructing a road over the part of the said land through the respondent no. 5 in unauthorized manner without acquiring the same or giving any compensation to the petitioners. The petitioners enquired from the respondent no. 5 about the said construction and also requested him to stop the encroachment, however, the respondent no. 5 threatened them of dire consequence. The petitioners also informed the matter to the Circle Officer, Chandankiari (the respondent no. 3) and filed representation before the Deputy Commissioner, Bokaro (the respondent no. 2) for restraining the encroachment upon their land but nothing was done, which gives rise to filing of the present writ petition.

4. The learned counsel appearing on behalf of the respondent-State submits that the said land is recorded in the record of right as Gair Mazurwa and after vesting of Zamindari, the same vested in the State under Section 3 of the Bihar Land Reforms Act, 1950 (in short lithe B.L.R. Act, 1950"). It is further submitted that the respondents were constructing road over the said Gair Mazurwa land, which was obstructed by the petitioners and, thereafter, the respondent no. 3 issued due notices to the petitioners to show their right, title and interest but they failed to satisfy the authority concerned that the said land is their raiyati land, thus, the respondent no. 3 initiated Miscellaneous proceeding being No. 1/2015-16 and on the basis of the documentary evidence and inquiry report, passed order dated 19.6.2015 recommending to the D.C.L.R., Bokaro for cancelling Jamabandi of the said land. It is further submitted that if the petitioners have any grievance against the said order, they should knock the door of the competent Civil Court. It is further submitted that the petitioners have no valid right, title and interest upon the land in question and as such, the present writ petition is not maintainable.

5. Heard the learned counsel for the parties and perused the materials available on record. The petitioners have contended that the said land is their raiyati land upon which they claim their right, title and interest. Per contra, the learned counsel appearing on behalf of the respondents has contended that the said land is Gair Mazurwa land and the petitioners failed to show any valid document of the said land, thus the jamabandi running in their name has been cancelled and a road is being constructed over it for the benefit of public. The petitioners, in support of their claim, have filed the raiyati khatian and the rent receipts issued till 2004-05. Even if the argument of the respondents is accepted that the said land is Gair Mazurwa land, the same does not entitle the Government authorities to take over the same if it is claimed by the occupant of the land that the same has been settled to him/his predecessor in interest by the ex-landlord.

6. In the case of Gulabasi Devi vs. State of Bihar reported in (2003) 3 JLJR 793, a Bench