JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 11.12.2018 passed by learned Single Judge of this Court in W.P.(C) No.7856 of 2011 whereby and whereunder the order passed by the revenue authorities have been refused to be interfered with by dismissing the writ petition.

2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

3. The entire village of Banta Hazam, Police Station Silli was put in auction certificate in the year 1893 on failure of the raiyat to pay rent to the then landlord. The said village was purchased by one Brajeshwar Sahay and Ramyad Sahu. Accordingly, Khewat No. 3/1 and 3/2 were prepared in their name respectively. In course of survey and settlement operation in the year 1935 Khatian was prepared in joint ownership with respect to Khata No. 842 of village Banta Hazam.

4. It is stated that Rameshwar Sahu and Tapeshwar Sahu, both sons of late Ramyad Sahu were the Zamindar of village Banta-Hazam, as would be evident from the Zamindari rent receipt issued by them. The ex-intermediary Rameshwar Sahu settled the land under khata no. 842 plot no. 2588 and 2589 measuring an area 0.31 acre and 0.27 acres respectively by Hukumnama coupled with grant of rent receipt on 05.12.1952 in favour of plaintiff/appellant.

5. It is the case of the petitioner that after settlement of land by the ex-intermediary on 05.12.1952, he came into possession of the land in question and constructed pucca house thereupon and fenced the boundary wall and further dug a pond for irrigation.

6. After vesting of ex-intermediary interest and on the stage of Bujharat by the State, the petitioner was found in possession over the land and thereafter Jamabandi was opened in his favour by entering his name in Register-II.

7. It is case of the petitioner that he is in actual physical possession over the land appertaining to land of plot no. 2588 and 2589 under Khata No. 842 and is regularly paying rent to State exchequer since 1956-57 till date i.e., 2018. It is stated that since 1952 till 1992, no objection was raised from any quarter over the possessory right of the petitioner with respect to plot no. 2588 and 2589 area 0.27 and 0.31 acres respectively and sometimes in the year 1992 a dispute was raised at the instance of villagers of Banta Hazam regarding encroachment made by the petitioner on the public land over Khata no. 842 plot no. 2588 and 2589 area 0.27 and 0.31 acres respectively.

8. Upon such complaint, the Circle Officer drawn a proceeding being Miscellaneous Case No. 24/R8-91-92. The Circle Officer, on the basis of report submitted by Halka Karamchari, Circle Inspector and Amin, vide order dated 08.05.1992 ordered for removal of encroachment over Khata No. 842 plot no. 3030 area 3.06 sq. meters and also directed to Halka Amin to stop issuance of rent receipt in favour of petitioner with respect to plot no. 2588 and 2589. Even after the aforesaid order, the petitioner is still paying rent to the State exchequer and rent receipt has been issued in his favour.

9. A public complaint was made on 04.07.2001 before the Circle Officer, Silli with regard to encroachment made by Bhagirath Mahto, Niranjan Mahto, Milan Mahto and Ratan Mahto over plot nos. 3030, 2576, 2591 and 2531 causing disturbance in the ingress from Basudih to Banta Hazam but no action was taken. At the behest of one Bhagirath Mahto a petition was filed in the Court of Circle Officer, Silli for removal of encroachment over plot no. 2588, which was sent before the learned Additional Collector Land Reforms where it was numbered as Miscellaneous Case No. 33/01-02. The learned Additional Collector Land Reforms recommended for cancellation of Jamabandi running in the name of petitioner and sent the record in the Court of learned Deputy Commissioner, Ranchi for taking appropriate action.

10. In pursu