Ramesh Kumar Merathia, J. - (1.) HEARD the parties.
(2.) ACCORDING to the petitioners, the respondents cannot evict or dispossess them from the land bearing Plot No. 911, under Khata No. 312 within Mouza Katras No. 329, as they are residing on the said land continuously and peacefully from several years with permission of the ex -landlords of Katras and that they cannot be evicted on the basis of the order passed by this Court in W.P.(PIL) No. 2561 of 2007 as well as in Contempt Case ( Civil) No. 585 of 2008 as the orders therein were obtained wrongly. Petitioners have also prayed for restraining the respondents from making any construction over the land in question. Counsel for the State denied and disputed the claims of petitioners.
(3.) IN my opinion, petitioners are not entitled to any relief in this writ petition for the following reasons. The petitioners themselves are not clear about the nature of their occupation. Different and contradictory statements have been made in the writ petition. At one place, it is said that petitioners and others are residing in "thatched house with tarpaulin"; at another place, it is said that they are residing in "Kacha hutment" and at another place, it is said that they have constructed "pucca residential house". It is admitted by the petitioners along with their residential houses there are "Khatals" ( dairy). It is also admitted that notices were issued to the residents of 'Khatals', against which petitioners and others filed their show causes analogously but it is said that without disposing the same, several houses have already been dismantled. According to the respondents, the said PIL was filed alleging that illegal encroachment on the public land near one primary school was made causing serious problems to the public; and that in compliance of the directions of this Court, enquiry was made and it was found that altogether 36 persons including Kalinath Yadav, in whose house petitioner No. 1 used to reside have encroached upon the public land bearing plot No. 911, khata No. 312, which is also recorded as 'Gairabad land '. Accordingly, notices under the provisions of Bihar Public Land Encroachment Act against all 36 persons, who encroached upon the land in question, were served and ultimately the illegal encroachment has already been removed in accordance with law.;