S.J.MUKHOPADHAYA,J. - (1.) THE petitioner has challenged the Eviction Case No. 91 of 1997 initiated against him under Public Premises (Eviction of Unauthorised Occupants) Act, 1971 on the ground that the summary proceeding is not maintainable in the facts and circumstances of the case.
(2.) THE dispute relates to land measuring 0.2.7 decimals out of 3 acres 68 decimals of Khata No. 23, Khewat No. 2 in Mouza -Pandedih. The case of petitioner is that the land in question is his raiyati land. Before the Cadestral Survey Settlement (C.S. Settlement), the recorded Khewat - holder, Chandrakant Ganguli executed a registered deed of Mokarari Lease Agreement on 14th August, 1906 in respect to some lands of Khewat No. 2 in favour of M/s. Bengal Coal Company Limited. In C.S. record of rights was published in the year 1925. M/s. Bengal Coal Company Limited was shown as tenant in respect of Khata No. 23 under the landlord -Chandrakant Ganguli and others of Khewat No. 2. The aforesaid M/s. Bengal Coal Company Limited surrendered the said leasehold lands of Khata No. 23 to the lessors in the year 1940 whereinafter the heirs and successors of the recorded Khewat -holder by a registered sale deed dated 20.1.1949 made permanent raiyati settlement of some part of lands of Khata No. 23 measuring about 3 acres 68 decimals in favour of one Sri Bhim Mahato. The said Sri Bhim Mahato sold and transferred the aforesaid part of lands in favour of Smt. Patua Mahatain on 24th March, 1954. whereinafter the said Smt. Patua Mahatain sold the said land to one Dhrub Raj, a close relative of petitioner. In the year 1955, petitioner formed a Company known as "Inchex Co. (P) Limited", constructed a factory on the portion of the land for manufacture of Gun Powder Explosive, having obtained Explosive Licence No. B (1)/458 granted by Government of India after due enquiry. The tenure rights was abolished in the year 1956 as per Bihar Land Reforms Act whereinafter the State of Bihar became the direct landlord of Khewat No. 2 in place of the recorded Khewat holders. On vesting, the ex -Khewat holders submitted zamindari return of Khewat No. 2 to the State of Bihar. In the State Government revenue records prepared after 1956, M/s. Bengal Coal Company Limited was not recorded as tenant. Mutation order was passed in favour of Inchex Company (P) Limited and receipts were granted in its favour.
(3.) THE case of respondents is that the writ petition is premature and petitioner may file and pursue objection before the authority. Further case of respondents, M/s. BCCL is that in the C.S. Khatian, records of right prepared in the year 1925 it is recorded to be owned by M/s. Bengal Coal Company Limited. The lands vested with respondent No. 1, Company - M/s. BCCL on the enactment of the Coal Mines Nationalisation Act 1972. The landed property in question has been vested absolutely and free from all encumbrance in favour of respondent No. 1, Company as per extended definition of "Mines" as defined in the relevant Coal Mines Nationalisation Act, 1972 and as per the decision of the Supreme Court in Bharat Coking Coal Limited v. Madan Lal Agrawal, reported in (1997) 1 SCC 177.;