JUDGMENT :

The present case is taken up through video conferencing.

2. The present writ petition has been filed for quashing notice dated 10.08.2019 purportedly issued under Section 6(2) of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 by the Circle Officer, Itkhori (the respondent no. 2) in Land Encroachment Case No. 01/2013-14 whereby the petitioner and 10 others have been directed to remove the alleged encroachment from their respective land, failing which action under Section 188 of the I.P.C. would be taken.

3. Learned counsel for the petitioner submits that on 16.03.1980, a meeting of village committee was convened wherein it was decided that 20 decimals of land of Degan Yadav (petitioner’s father) and others would be given to the government for construction of school and in lieu thereof, they would be allowed to use ‘Gair Mazarua Khas’ land appertaining to Khata no. 64, plot no. 1166, Mouza-Chakrawar, Thana No.-33/295, District- Chatra. As per information provided to the petitioner under Right to Information Act, 2005, the school building was constructed in the year 1980 over the ‘raiyati’ land of the petitioner and others appertaining to Khata No. 51, plot no