IMPORTANT POINT
Writ petitions cannot resolve disputed questions of fact when a civil suit is pending regarding the same matter.

JUDGMENT :

(Anil Kumar Choudhary, J.) :

1. Heard the parties.

2. This Writ Petition has been filed under Articles 226 of the Constitution of India with a prayer for quashing the notice in Form-II contained in letter no. 1041 dated 16.09.2023 which is Annexure-4 to this writ petition and the order dated 16.09.2023 which is Annexure-4/1 to this writ petition; passed by the Circle Officer, Kuru under the Bihar Public Land Encroachment Act holding that the land in question is a government land and that the building/shop situated thereon is a public premises and directed the petitioner to hand over the keys of the same to the respondent- Circle Officer, Kuru within 15 days. Further prayer has also been made for declaring that the proceeding initiated by the respondent-Circle Officer including the final order passed therein is wholly illegal, arbitrary, without jurisdiction and beyond the scope of the Bihar/Jharkhand Public Land Encroachment Act and other interim reliefs.

3. The case of the petitioner is that vide a registered sale deed, the wife of the petitioner purchased certain lands which has now been allotted as new plot no. 446, corresponding to old plot nos. 773 and 774 and new plot no. 445, corresponding to old plot no. 775 and this writ petition pertains to old plot no. 775 under khata no. 422.

4. It is submitted by the learned counsel for the petitioner that there is no change in the khata number in respect of old plot no. 775 and the new plot no. 445 and for both the old and new plot number, the khata number is 422. It is next submitted by the learned counsel for the petitioner that even though the wife of the petitioner is the owner of the land but the petitioner has been granted electric energy connection on the building over the said land. It is further submitted by the learned counsel for the petitioner that prior to Annexure-4 and 4/1, the respondent issued notice to the petitioner under the provisions of Jharkhand Public Land Encroachment Act for the adjoining land in respect of Annexure-4 and 4/1 and the petitioner and his wife by way of abundant caution on 13.02.2023 filed Original Suit No. 26 of 2023 in the court of Civil Judge (Junior Division), Lohardaga for declaration of their right, title and confirmation of their possession and in the body of the plaint, there is reference of new plot no. 445 under khata no. 422-which plot is also the subject matter of this writ petition and the petitioner and his wife have filed application under Order VI Rule 17 of Code of Civil Procedure in the Original Suit No. 26 of 2023 for amendment of the plaint and incorporating the plot no. 445 under khata no. 422 in the schedule of the plaint of the said Original Suit No. 26 of 2023. It is next submitted by the learned counsel for the petitioner that the petitioner’s family had been in uninterrupted possession of the said land under new plot no. 445 in khata no. 422 since 1984. It is then submitted by the learned counsel for the petitioner that no notice has ever been issued in the name of the wife of the petitioner and the petitioner sent a detail reply by speed post to the notice issued to him but the respondent- Circle Officer refused to accept the same. It is also submitted by the learned counsel for the petitioner that the petitioner personally appeared before the Circle Officer and also placed the copy of the sale deed and documents relating to the Original Suit No. 26 of 2023. Hence, it is submitted that the prayer as made by the petitioner be allowed.

5. Learned SC Mines-III drawing attention of this Court to the counter affidavit submits that in the present survey operation in the locality which was initiated in the year 1978, the character of the land has been mentioned as Anabad (not under cultivation) and the same has been recorded in the present survey khatiyan in the name of Anabad Bihar Sarkar thus, the said property is the exclusive property of the Government. It is next submitted by learned SC Mines-III that admi