ORDER :

1. With the consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding the visual/audio connectivity.

I.A. No. 1560 of 2020

This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 137 days in preferring this Letters Patent Appeal.

2. Heard parties.

3. Having regard to the averments made in the application and submissions made on behalf of the parties, we are of the view that the appellant was prevented from sufficient cause in filing the appeal within the period of limitation. As such, the delay of 137 days in preferring the appeal is hereby condoned.

4. I.A. No. 1560 of 2020 stands allowed.

L.P.A. No. 228 of 2019

5. The instant intra-Court appeal is directed against the order/judgment dated 25.09.2018 passed by learned Single Judge of this Court in C.W.J.C. No. 1569 of 2001 whereby and whereunder the writ petition has been dismissed by not interfering with the order dated 16.07.1996 passed in Misc. Case No. 8(iii) of 1995-96 and order dated 12.03.2001 passed in B.P.L.E. Appeal Case No. 1/97.

6. The brief facts of the case which are required to be enumerated herein, read as under:

The appellants/petitioners claim themselves to be the rightful owner of the land situated at Khata No. 56, Plot No. 1601, area 10 decimal having been purchased by the father of the present appellants/petitioners, who died during pendency of the writ petition, through registered sale deed bearing No. 552 dated 14.02.1977 from Shakti Pado Dutta and Prabhakar Dutta who had acquired above property in the year 1967 by different sale deeds from rightful owner. The appellants/petitioners claim their possession since the date of purchase of the land in question. In the year 1995, a proceeding under Public Land Encroachment Act was initiated by the Circle Officer being Encroachment Case No. 9(iii)/95-96 alleging therein about encroachment of 324 sq. ft. land on Plot No. 6960, village - Chas, Thana No. 30, P.S. Chas. Accordingly, a notice under Section 3 of the Public Land Encroachment Act was issued against father of the appellants/petitioners on 04.11.1995 to show cause as to why the alleged encroachment may not be ordered to be removed.

It is the case of the appellants/petitioners that in fact the notice dated 04.11.1995 had never been served and a false receipt showing service of notice was kept on record basis upon which the proceeding was directed to be proceeded but somehow the father of the appellants/petitioners came to know about issuance of aforesaid notice and, as such, had appeared before the respondent No. 5 as also made an application but the same was not accepted, therefore, the said application was sent through registered post to several authorities.

The Circle Officer passed an order in exercise of power conferred under Section 6(e) of the Public Land Encroachment Act on 17.11.1995 holding therein that a portion about 324 sq. ft. of the petitioners’ house is on Plot No. 6960 which is on public land and as such, encroachment was directed to be removed by 19.11.1995.

Being aggrieved with the order dated 17.11.1995, father of the appellants/petitioners approached to this Court by filing writ petition being C.W.J.C. No. 3512 of 1995 (R) which was allowed vide order dated 06.02.1996 by quashing the order dated 17.11.1995 whereby and whereunder the matter was remitted before the respondent No. 4 with a direction to provide an opportunity to the parties for adducing evidence in support of their respective cases and thereafter to pass final order.

The father of the appellants/petitioners, thereafter, had appeared before Respondent No. 4 with his show cause but the same was refused to be accepted and having no option, the he again sent the same through registered post.

It is the further case of the appellants/petitioners that the concerned authority initiated a separate proceeding being Misc. Case No. 8(iii)/95-96 on 23.02.199