Court quashed the eviction order, confirming that the premises were not public under relevant eviction laws.

1. Heard learned counsel for the parties.

2. Plaintiff in Title suit No. 3 of 1999 instituted in the Court of Sub-Judge - Ist, Dhanbad is the petitioner herein. Respondent - B.C.C.L. and its official were impleaded as principal defendants while other parties being the brothers of the plaintiffs were impleaded as pro forma respondents. Plaintiff sought a decree as against the defendant Nos. 1 to 3 declaring that Schedule - 'A' and 'B' premises are not public premises and have not vested with defendant No. 1 and that no proceedings in the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 can be initiated in respect of Schedule - A and B premises. As such the order passed in Eviction Case No. 29/86 is illegal, void and mala fide and not binding upon the plaintiff. He further sought a declaration restraining the defendant Nos. 1 to 2 from interfering with the plaintiff's possession over the Schedule - 'A' and 'B' lands on the strength of the order passed in Eviction Case No. 29/86. On the relief being allowed consequential decree of cost who also prayed for.

3. The plaintiff contended through the plaint that after vesting of Zamindari under Bihar Land Reforms Act, 1950 the Jharia Raj Estate vested in the State of Bihar. Plot No. 69 of Khata No. 11 Mouza Dobari (Mouza No. 142) measuring an area 11.62 Acres were recorded in the name of B. N. Bagchi and Dobari Colliery in the las records of rights. Plot No. 85 of Khata No. 17 measure 15 Acres 13 Decimals in the said Mouza Dobari No. 142 were recorded as "Gair Abadk Malik" in the name of Raja Shiv Prasad Singh, the Zamindar of Jharia Raj Estate in the last records of right.

4. By a sale deed, dated 22nd January, 1944, M/s. B. N. Bagchi and brothers Dobari Colliery Limited sold a portion of the said plot No. 69 measuring 3.17 acres out of 11.62 acres to Shri Ram Bahadur Singh, father of the plaintiff for valuable consideration and put him in possession. After death of his father, plaintiff and pro forma respondents were fully seized and possessed of Schedule - 'A' lands. It has further been pleaded that by a Hukumnama, dated 21st July, 1945 Shri Jagat Narayan Singh, the ancestor of the plaintiff and pro forma respondents took settlement of 11.58 acres of land out of 15.13 acres of Plot No. 85 of the said Mouza Dobari No. 142 described as Schedule - 'B' property. After his death, his widow Smt. Parwati Devi gifted the Schedule - 'B' land to Shri Ram Bahadur Singh by a gift deed, dated 22nd April, 1964 and from the date of said gift Shri Ram Bahadur Singh became fully seized and possessed of Schedule - 'B' land. Plaintiff and pro forma respondents are therefore in possession of Schedule - 'B' land after the death of Ram Bahadur Singh.

5. The other averments relate to contention of plaintiff of incidences of his possession over Schedule - 'A' and 'B' lands such as electrical connection, water connection and telephone connection etc. and that he has been paying rent to the State of Bihar etc., Plaintiff has thereafter contended that on declaration made by the Central Government under Coking Coal Mines (Emergency Provisions) Ordinance, 1971, the custodian did not take possession of Schedule - 'A' and 'B' lands as they are not belonging to any coal mine. Their possession was never questioned, disputed or obstructed. Thereafter on enactment of Coking Coal Mines (Nationalization) Act, 1972, Dobari Colliery was listed at serial No. 152 and compensation has been awarded to the owners by the Central Government. Under the said Act, management of all other coal mines were taken over by the Central Government. It has further contended that possession of the plaintiff over Schedu