ORAL JUDGMENT

Date : 16-02-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent nos. 9 to 12.

The petitioner has filed the instant application for the following reliefs:

“1. That this is an application for issuance of appropriate writ/ writs, order/ orders, direction/ direction commanding the respondent authorities especially respondent no. 2 and 7 to take appropriate steps against the private respondent no. 9 to 12 who instead of taking possession of their settled land being Thana No. 220, Khata No. 153, Plot No. 209, Area- 3 decimals bounded by in North Plot No. 213, Sough- Pathway, East- Dharmendra Dom, West- Upendra Dom forcefully encroached the raiyati land of petition appertaining to Khata No. 209, Plot No. 213, Area- 5 decimals bounded north-by self, South-

Private Respondent, East- Self, West- River.

Petitioner further indulgence seeks commanding Hon'ble Court the respondent authorities especially respondent no. 2 to 7 to provide security to petition to enjoy her raiyati land which has been encroached by using unlawful force by private respondent as they got settlement of a piece of land in their favour by the government but instead of taking possession on settled land they encroached the part land of petitioner and causing hindrance in enjoyment and use of her legal right on raiyati land.

Petitioner further seeks any other relief/

reliefs for which she is found entitled in the eye of law and in the facts and circumstances of the present case.”

It is contended on behalf of the petitioner that she is the owner of the raiyati land appertaining to Khata no.209 Plot no.213 which she received on partition in the family. Out of the total area of 7 decimals received by her, an area of 5 decimals has been encroached by the private respondents. It is further submitted that it is not in dispute that although the private respondent nos. 9 to 12 were given Basgit Parcha but the same was pertaining to Plot nos. 209 and not Plot no.213.

As per the case of the petitioner, the private respondents having encroached upon the petitioner's land, hence the instant writ application praying for the prayer made hereinabove. A counter affidavit has been filed on behalf of the respondent nos. 9 to 12 enclosing with the same copies of the Basgit Parcha issued in favour of the private respondents from which also it would be evident that the lands given to the private respondents is Plot nos. 209. What further transpires from the Basgist Parcha is that adjacent North of Plot no.209 is plot no.213.

In view of the peculiar facts of the case, this Court by its order dated 26.9.2022 ordered as hereinunder.

“Heard the parties.

The contention of the learned counsel for the petitioner is that the private respondent was issued the Basgit Parcha instead of possessing the land giving to him by Basgit Parcha, he is claiming the land belonging to the petitioner and he threatened the petitioner that if petitioner will take steps for measurement of the land, the private respondent will file a cause under SC/ST Act against the petitioner.

District Magistrate, Aurangabad is directed to get the land of the petitioner demarcated and the land of the private respondent which has been alloted to him under Basgit Parcha shall also be demarcated so that this dispute is solved for once and all.”

A counter affidavit has been filed on behalf of the respondent no.6 ie the DCLR, Daudnagar, Aurangabad stating therein that the land was got measured and demarcated by the Anchal Amin in presence of son of the petitioner who subsequently refused to put his signature and a measurement report has also been submitted by the Anchal Amin before the Circle Officer. Relevant portion of the counter affidavit is quoted hereinbelow:

“6. That pursuant to that the land of the petitioner got measured and demarcated by the Anchal Amin and thereafter a measurement report to this effect has been submitted by Anchal Amin before the Circle Officer,