- (1.) BOTH the writ applications were heard together as the common question is involved in both the applications and therefore by common Judgment this two writ applications are being decided.
(2.) THE petitioner has challenged the order dated 5.4.1997 passed by Deputy Commissioner, East Singhbhum, Jamshedpur in B.P.L.E./Appeal No. 57/97 -98 as contained in Annexure 9 by which he dismissed the appeal filed by the petitioner and confirmed the order dated 17.8.96, contained in Annexure 6 to the writ application passed by the respondent No. 2 in B.P.L.E. Case No. 25 of 1996 -97, whereby the learned Circle Officer -cum -Collector under the Act, Jamshedpur held that the petitioner had no right and title to encroach upon the lands in question measuring 0.02.20 Hectares of land in Mouza Sakchi, being Plot No. 1880, Khata No. 218, which was a public land and therefore the petitioner was directed to remove the structures from the aforesaid land. The petitioner claims this land, on the basis of fact, that his father, late Banamali Pramanik, made pucca structure over the land in question in the year 1960 and he used to run hotel and Sweetmeat Shop in the name and style of Subhankari Mistanna Bhandar and he remained in possession till he was alive and thereafter the petitioner being his son continued in possession and thereby acquired right and title by adverse possession.
(3.) THE petitioners in this writ application, are own brother and sister of Shiv Kumar Pramanik. The petitioners in the C.W.J.C. No. 1251 of 1997 (R) being the son and daughter of late Banamali Pramanik. These two petitioners have challenged the order of the Deputy Commissioner, Jamshedpur passed in B.P.L.E./Appeal No. 96 of 1996 -97 dismissing the appeal of the petitioner and confirming the order of the Circle Officer -cum -Collector under the Act dated 17.8.1996 in B.P.L.E. Case No. 24 of 1996 -97, whereby it also held that the petitioner has no right to encroach the public land. Therefore they were directed to remove the encroachment over the land in question i.e. Plot No. 1880 in Khata No. 218 measuring 294 square feet of land Mouza Sakchi.;