The importance of due process and consideration of raiyati claims before taking coercive steps in land encroachment cases.

JUDGMENT :

The present writ petition has been filed for quashing and setting-aside the notice as contained in memo no. 04 (M) dated 11.01.2022 issued by the respondent no. 4 – the Collector (under BPLE Act)-cum-Circle Officer, Giridih in Form-I under Section 3 of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 in BPLE Case No. 08/2021-22. Further prayer has been made for staying the further proceeding in BPLE Case No. 08/2021-22.

2. Mr. R.N. Sahay, learned Senior Counsel for the petitioner, submits that one Prakash Sahay, S/o of Uma Shankar Sahay sold the land appertaining to Khata No. 39, Thana No. 78, Kehwat No. 1, Tauji No. 15/11, Plot No. 540, Mouza-Rajpura, P.S.-Giridih (M), District-Giridih, measuring an area of 40 decimals and 60 decimals (total 1 acre land), in favour of the petitioner and her daughter – Ishika Verma, vide registered sale deed nos. 9387 and 9390 dated 29.07.2011 respectively. After purchase the aforesaid land, the petitioner applied for mutation of the said land (40 decimals and 60 decimals), which was registered as Mutation Case No. 1409/2012-13 and Mutation Case No. 1411/2012-13 respectively. Thereafter, the aforesaid land was mutated in favour of the petitioner and her daughter and the rent receipts were also issued in their name. The petitioner also deposited the rent between the period from 2013 and 2021. Despite the aforesaid fact, the respondent no. 4 issued the notice to the petitioner vide memo no. 04 (M) dated 11.01.2022 under Section 3 of the Act, 1956 in BPLE Case No. 08/2021-22, mentioning inter alia that the Revenue Sub-Inspector, Giridih and Circle Inspector, Giridih have reported that during their visit in the said area, oral complaints were made that the petitioner had made permanent construction over Gair Majarua Khas Parti Kadim land at Mouza-Rajpura, P.S.-Giridih (M), Khata No. 39, Thana No. 78, Plot No. 540, measuring an area of 2.05 acres.

3. Learned Senior Counsel for the petitioner further submits that the respondent no. 4 while issuing the impugned notice dated 11.01.2022 under Section 3 of the Act, 1956 has not mentioned the fact as to whether the said land is public land within the meaning of said Act, rather the nature of the land has been mentioned as Gair Majarua Khas Parti Kadim. Moreover, the area of the land in possession of the petitioner has wrongly been mentioned as 2.05 acres, rather she along with her daughter has purchased the aforesaid land measuring an area of 01 acre only by two separate sale deeds. In addition to that, another land of the same khata and plot measuring an area of 40 decimals was purchased by Dr. Rajesh Kumar (the husband of the petitioner) and his minor son – Shrey Siddharth by registered sale deed dated 29.07.2011 from Sri Prakash Sahay (the vendor). Thereafter, the said land was mutated in favour of the petitioner’s husband and her son vide Mutation Case No. 1416 of 2012-13 and the rent receipts were also being issued to them after paying rent to the State. Similar notice with respect to the said land was issued by the respondent no. 4 to the petitioner and her husband alleging that permanent construction was being made over the same, the nature of which was Gair Majarua Khas Parti Kadim. Aggrieved with the said notice, they preferred a writ petition before this Court being W.P.(C) No. 1161 of 2022, which was disposed of by this Court vide order dated 06.04.2022 giving liberty to them to appear before the respondent no. 4 in BPLE Case No. 05/2021-22 on or before 20.04.2022 and to file their respective objections. On their appearance as well as filing of the relevant documents relating to their raiyati claim over the land in question, the respondent no. 4 was directed to pass an appropriate order in accordance with law with further observation that till passing of the said order by the respondent no. 4, no coercive step would be taken against them in connection with BPLE Case No. 05/2021-22. It is also submitted by learned Senior Cou