JUDGMENT :

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.

2. The instant intra-Court appeal is directed against the order/judgment dated 11.09.2018 passed by learned Single Judge of this Court in W.P.(C) No.1797 of 2015 whereby and whereunder by disposing of the writ petition, the learned Single Judge has granted liberty to the writ petitioner to approach the Circle Officer, Nirsa by filing a representation and enclosing a certified copy of the order dated 06.06.2008 said to have been passed in Case No. 2971 of 2005 under Section 87 of Chotanagpur Tenancy Act, 1908 and certified copy of any other document as the petitioner may find fit, in order to satisfy the said authority about his claim over the property mentioned in impugned letter dated 06.04.2015, with a direction upon the Circle Officer, Nirsa to pass appropriate reasoned order within a period of one month from the date of receipt of the representation of the writ petitioner and if it is found that the claim of the writ petitioner is genuine and as per law, the Circle Officer shall withdraw the impugned letter dated 06.04.2015 immediately.

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

The writ petitioner/appellant is claiming the ownership and raiyati possession over the land situated at Mouza Ramkanali, Mouza No. 134, Khata No. 118, Plot No. 2697, measuring an area of 6.51 acres out of 13.60 acres as the said land in question has been settled by the then landlord namely Sriyukt Babu Dhirendra Nath Chandra in favour of father of the writ petitioner/appellant, namely Amaulya Kewat in the year 1941 through Sada Hukumnama. The father of the writ petitioner/appellant had started making payments of rent to the then landlord and in lieu thereof rent receipts have also been issued in favour of father of the writ petitioner/appellant and raiyati of the appellant’s father over the land in question has been accepted by the then landlord.

After vesting of the State in the year 1950 under Bihar Land Reforms Act, under Section 5, 6 and 7 return was submitted and the father of the appellant i.e. Late Amaulya Kewat, was entered as a raiyat on payment of compensation to the then landlord through Compensation Case No.5457 of 55-56. The aforesaid property has been devolved upon the appellant and three more brothers after the demise of their father and since then the appellant along with other brothers are having peaceful possession over the said property.

The appellant and his brothers filed a case bearing Suit No.2971 of 2005 under Section 87 of the Chotanagpur Tenancy Act wherein entire documents were filed with regard to the ownership over the property in question and after hearing the parties, the court of Revenue Officer, Dhanbad passed order on 06.06.2008 in favour of the appellant and his brothers declaring their title and possession over the said property.

The landed property situated at Mouza Ramkanali, Mouza No. 134, Khata No. 118, Plot No. 2697, measuring an area of 6.51 acres out of 13.60 acres over which also the appellant is having peaceful possession since last more than 50 years by virtue of holding title over the land in question by way of Hukumnama granted by the then landlord in favour of his late father sometime in the year 1941 and since then the appellant is in possession over the said land.

It is the case of the writ petitioner/appellant that in the Rent Fixation Case No.01/2013-14 no order has been passed by the authority concerned and on the other hand, the Respondent No.5 has issued a notice against the appellant vide Memo No. 980 dated 04.10.2013 alleging therein about illegal encroachment over the land and therefore, called upon to submit the documents relating to the ownership of the land in question. In compliance to the said notice, the appellant has filed his explanation on 29.10.2013 along