A person in unauthorized occupation of government land cannot be evicted summarily if they have a bona fide claim to the property. The encroachment proceeding should only be initiated if it is clear that government land has been encroached, and the proper forum for adjudication of the claim is the Civil Court.

JUDGMENT :

W.P.(C) No. 1060 of 2021

The present writ petition has been filed for issuance of direction upon the respondents not to demolish the structure standing over the land appertaining to C.S. Khata No. 28, C.S. Plot Nos. 187/2 & 143/3, measuring an area of 1.43 Acres & 0.57 Acre respectively, Mouza-Amaghata, Thana No. 9, P.S-Dhanbad (now Saraidhela), District-Dhanbad on the alleged ground of encroachment over public land.

2. The case of the petitioner is that his ancestor, namely, Koka Manjhi being a landless person applied before the Circle Officer, Dhanbad for settlement of ‘Gair Abad’ land, who issued notice dated 11.08.1955 for general information that some plots including the aforesaid plots under C.S. Khata No. 28 were being settled with the ‘Harizan’ and ‘Aadivasi’ of Mouza-Saraidhela by the Government of Bihar and the names of those persons along with description of land to be settled were also mentioned in the said notice. It was also mentioned in the said notice that if any person had objection to the same, he/she might submit his/her objection by 28.08.1955. The land in question was finally settled in favour of Koka Manjhi (the great-grandfather) of the petitioner and he came in possession of the same. The State also recognized the petitioner’s ancestor as raiyat of the said land and issued rent receipts after realizing the rent for the year 1955-56 to 2008-09.

W.P.(C) No. 1026 of 2021

3. The present writ petition has been filed for quashing the notice as contained in memo No. 353 dated 02.03.2021 whereby the Circle Officer, Dhanbad has directed the petitioner to appear in person along with the relevant documents alleging that he has encroached the land appertaining to Khata No. 28, Plot No. 187, Mouza-Amaghata, District-Dhanbad, measuring an area of 16.14 Decimals.

4. The petitioner’s contention is that he had purchased the land in question by virtue of registered sale deed dated 06.10.1997 from one Govind Ram Agarwal and since then he has been in possession of the same. The petitioner got the said land mutated in his name vide Mutation Case No. 553(II) of 1999-2000 and also paid rent to the government till 2011-12. The vendor of the petitioner, namely, Govind Ram Agarwal had purchased the said land from Shantanu Choudhary by virtue of registered sale deed dated 11.03.1988 whereas Shantanu Choudhary had purchased the said land from Dhanbad Vikash Housing Construction Co-operative Limited by virtue of registered sale deed dated 21.01.1988. The said Co-operative Society had purchased the said land from one Bhudeo Chandra Mahato @ Bhudeo Mahato by virtue of registered sale deed dated 26.06.1986. Bhudeo Chandra Mahato had purchased the said land from Smt. Hemia Mahatain on 07.06.1962. It has been mentioned in the said sale deed itself that necessary permission for the said transfer was obtained under Section 46 of the Chotanagpur Tenancy Act, 1908 [hereinafter referred to as ‘the Act, 1908’] from the Land Reforms Deputy Collector, Dhanbad in Misc. Case No. 654/1961-62. It is further contended that R.S. Plot No. 196 of R.S. Khata No. 89 has wrongly been recorded in Khatian in the name of ‘Anabad Bihar Sarkar’, though in the remarks column, the possession of Bhudeo Mahato has been shown. The petitioner has filed a suit for declaration of his title in respect of the said land which has been registered as Original Suit No. 299 of 2021 and the same is still pending.

W.P.(C) No. 1290 of 2021

5. The present writ petition has been filed for quashing the letter as contained in memo No. 356 dated 02.03.2021 issued by the Circle Officer, Dhanbad whereby the petitioner No.1 has been directed to appear before the said authority with the documents relating to the revenue records of the land appertaining to C.S. Khata No. 28, C.S. Plot No. 187, Mouza-Aamaghata, District-Dhanbad, measuring an area of 19.79 Decimals alleging that she has encroached the said land.

6. The petitioners’ contention is that the petitioner No.1 purchased 7 Katth