1. The present writ petition has been filed for quashing the order dated 24.06.2017 (Annexure-7 to the writ petition) passed by the Collector-cum-Divisional Forest Officer, West Forest Division, Hazaribagh, in BPLE Case No. 01 of 2013, G(F) Case No. 173 of 2013, whereby in purported exercise of the power under Section 6 of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 (hereinafter to be referred as the Act, 1956) the petitioner has been directed to remove the encroachment (boundary wall and house) constructed over Plot No. 2455, Mouza Dhengura, measuring an area of about 20 acres within 20 days of the receipt of order or before 08.07.2017 (appears to be wrongly typed as 2016) failing which the said encroachment would be removed by the administration and the cost towards such removal would be recovered from the petitioner as per law. Further prayer has been made for quashing the order dated 22.08.2017 (Annexure-9 to the writ petition) passed by the Deputy Commissioner, Hazaribagh in BPLE Appeal No. 07 of 2017, whereby the appeal preferred by the petitioner has been dismissed.

2. The factual background of the case, as stated in the writ petition, is that the petitioner purchased the land situated at village Dhengura, P.S. Hazaribagh P.S. No. 115, District Hazaribagh under Khata No. 264/293, plot no. 2455, measuring an area of 19.55 acres and plot No. 2447, measuring an area of 1.75 acres (hereinafter called the said land) by way of registered sale deed dated 28.04.2010. Thereafter his name was mutated in the revenue records and he started paying rent for the same. The petitioner received a notice vide memo no. 2649 dated 31.07.2013 issued by the Collector-cum-Divisional Forest Officer, West Forest Division, Hazaribagh under Section 3 of Act, 1956. The petitioner preferred a writ petition before this Court being W.P. (C) No. 7245 of 2013 challenging the impugned notice as well as the order of cancellation of Jamabandi of the said land. The said writ petition was disposed of vide order dated 12.01.2016, directing the petitioner to appear before the concerned authority and to submit his reply to the said notice. Thereafter, the petitioner appeared before the Collector-cum-Divisional Forest Officer and filed reply to the show cause notice. However, the Divisional Forest Officer, West Forest Division, Hazaribagh, vide order dated 24.06.2017 has held that by virtue of notification dated 02.01.1953, the State Government through the Department of Forest has got all the proprietary right over the said land and as such the same is a public land. Further, the petitioner was directed to remove the alleged encroachment from the said land failing which the same would be removed by the district administration. Aggrieved thereby, the petitioner preferred appeal before the Deputy Commissioner, Hazaribagh being BPLE Appeal No. 07 of 2017, however, the same was also dismissed vide order dated 22.08.2017. Hence the present writ petition.

3. The learned counsel for the petitioner submits that originally the said land was recorded as Gairmazarua Malik under Khewat Nos. 3/1 and 14 and Samilat Khewat No. 27. The recorded Khewatdars Baijnath Pandey for himself and on behalf of his brother Kedar Nath Pandey along with Roshan Mian made permanent raiyati settlement of various lands including the said land with Smt. Atashi Kusum Sarkar by virtue of a registered settlement deed dated 17.09.1946 and also put the settlee in possession of the said lands. It is further submitted that on the eve of the vesting of Zamindari, the landlord filed return under Section 3K of the Bihar Land Reform Act, 1950 showing possession of said Atashi Kusum Sarkar upon the settled lands including the said land. The said land was subsequently transferred to various persons and the Jamabandi was also created in their names. The said land was notified as private protected forest under the Bihar Private Forest Act, 1947 but the same was subsequently released by the