Eviction orders without jurisdiction and due process are null and void; only civil courts can adjudicate title disputes in cases involving bona fide claims.

JUDGMENT :

(M.S. Ramachandra Rao, C.J.)

1) This Letters Patent Appeal is preferred against the judgment dt. 13.2.2024 of the learned Single Judge dismissing the appellant’s writ petition.

2) In the writ petition, the appellant had challenged the memo no. 880 dt. 24.12.2019, memo no. 34 dt. 17.1.2020 and memo no. 412 dt. 9.7.2020 whereby the respondents had asked the appellant to vacate property bearing Khata No. 65, Plot No. 208 of Mauza Choukunda, P.O.-TK Gram, P.S.- Fatehpur, District- Jamtara.

3) It was the contention of the appellant in the writ petition that the said land was granted to his grandfather, namely, Jagdish Prasad Sah under the Bhoodan Yagna Scheme by the Bihar Bhoodan Yagna Committee and to that effect a donation certificate bearing certificate No. 101831 dt. 28.8.1957 was issued in the name of his grandfather. Copy of the same was filed as Annexure-1 in the writ petition.

4) It was further contended by the appellant that after the land was donated, his grandfather applied for mutation which was registered as Mutation Case No. 21/1962-63 and the mutation was allowed by the Court of the Circle Officer, Kundahit and necessary entries were made in Register-II and a rent of Rs.0.59 Paisa was also fixed towards the said land. The said mutation order was filed as Annexure- 2 to the writ petition.

5) It was contended that thereafter the grandfather of the appellant built a kacha house on the land and started living there and cultivating the land. Appellant has also filed rent receipts issued as Annexure-3 as evidence of his possession of the land and cultivation of the same which had been issued by the Bhoodan Yagna Board.

6) On 24.12.2019 the Circle Officer, Fatehpur issued Annexure-4, eviction notice to the appellant asking him to vacate the land within 15 days.

7) Thereafter the appellant made a detailed representation before the said Officer explaining that his ancestor was the lawful owner of the land and that it was granted in 1957 under the Bihar Bhoodan Yagna Act, 1954 and later mutation was also done and rent was also fixed and was being paid. Annexure-5 is the said representation.

8) Thereafter on 17.1.2020, an eviction notice was issued by the Circle Officer, Fatehpur (which was filed as Annexure-6) asking appellant to vacate the land.

9) In March 2020, according to the appellant, the respondents started construction work over the land, but due to pandemic situation and lock-down the construction was got stopped.

10) On 30.6.2020 appellant made a representation to the Deputy Commissioner, Jamtara reiterating that he is the lawful owner of the land and stating the circumstances under which he inherited the land from his grandfather who had been donated the said land by the Bhoodan Yagna Board and also complaining that the respondents were forcibly carrying out constructions over the land and asked him to stop the said work.

11) Thereafter, it appears that the construction work again commenced on 2.7.2020.

12) In the meantime on 9.7.2020 the Circle Officer, Fatehpur issued a 3^rd eviction notice directing the appellant to again vacate the land within ten days.

13) These eviction notices were impugned in the writ petition and it was specifically contended that these notices had no backing of law and the Circle Officer had no jurisdiction to evict the appellant.

14) The appellant then filed writ petition being W.P. (C) N