JUDGMENT :

Heard learned counsels for the parties.

2. This writ petition has been filed for the following reliefs:

“(a). For quashing of the Impugned Order dated 01.02.2006 [Annexure-32] passed by the Deputy Commissioner, Dhanbad [Respondent No.2] passed in BPLE Appeal No.1 of 1989 where by and where under the said Appeal filed by the Petitioner [Appellant] has been dismissed and the Circle Officer, Baghmara [Respondent No.5] has been directed to take necessary action for evicting the alleged encroachment on the said land and has further been pleased to direct that Additional Collector that he will ensure that Mutation and Thoka is cancelled in respect to the land in question and the said land is restored to the Government, only on the basis of a ground taken by the Respondent No.2 that Mutation has been carried out after vesting of the land with Government, but that is error of record.

(b). For quashing part of the Ex-parte Order dated 19.12.1988 [Annexure-24] passed in BPLE Case No.19 (IX) of 1981-82 passed by Anchal Adhikari, Baghmara -Cum- Collector under BPLE Act [Respondent No.5], with respect to land belonging to the Petitioner appertaining to the Plot No.768, Area: 0.13 decimal, of Mouza: Phularwartand No.31, Thana No.310, Khata No.01, Jamabandi No.269, Police Station: Baghmara, District: Dhanbad.

(c). For a further writ, order or direction restraining the Respondents from acting pursuant to the impugned Order dated 01.02.2006 [Annexure-32] passed in BPLE Appeal No.1 of 1989 by Respondent No.2 and impugned Order-dated 19.12.1988 [Annexure-24] passed in BPLE Case No.19 (ix) of 1981-82 by Respondent No.5 and restraining the Respondents from taking any steps for interfering with the possession of the Petitioner.”

Arguments of the Petitioner

3. Fact of the case as per the Petitioner : -

a. Plot No.768, Area 0.26 Acres in Khata No.1, Mauza Phularitand No.310, P.S. Baghmara, District Dhanbad was the Bakast Mallik Land [Self Cultivation Land]/Abad Malik/Khas Land of the Ex. Landlord of Nawagarh Raj-Estate, namely Raja Nilkant Narayan Singh (herein after referred to as the Zamindar) and was so recorded in Survey Record of Right [Khatiyan] prepared in the Year 1924-25 [Annexure-1 & 2] in the name Raja Nilkant Narayan Singh.

b. Kishundeo Singh was the Chaprasi [Guard] of the Zamindar. In the Year 1932, the Zamindar made Oral Raiyati Settlement of the entire Plot No.768, Area 0.26 Acres in Khata No. 1, Mouza Phularitand, Mouza No.310, P.S. Baghmara, District Dhanbad along with Plot No.850, Area 0.36 Acres of the said Mouza, i.e. Total 0.62 Acres, on raiyati terms on issuance of the rent receipt followed by delivery of possession over the said lands in favour of Kishundeo Singh. Kishundeo Singh constructed a small hut in a southern portion of Plot No.768 and started living therein with the members of his family and was also doing cultivation over the rest portion of the said lands. After death of Kishundeo Singh (chaprasi of the zamindar), his grand-daughter Smt. Phul Kumari Devi continued in possession over the said land and became raiyat and continued the cultivation over the said lands.

c. In order to give legality to said oral settlement, the zamindar issued a Hukumnama No.1762 dated 31.05.1952 [Annexure-3] in favour of Smt. Phul Kumari Devi [Grand-daughter of said Kishundeo Singh-the chaprasi of zamindar] who got her name mutated a