S.J.MUKHOPADHAYA,J. - (1.) A writ petition has been preferred by petitioners for quashing the notice dated 20th November, 1992 issued by the Divisional Forest Officer, Dhanbad under Section 3 of the Bihar Public Land Encroachment (for short B.P.L.E.) Act. In B.P.L.E. Case No. 19/88 -89.
(2.) THE main ground taken by petitioners is that B.P.L.E. Case No. 19/88 -89 having reached finality, the respondents have no occasion to revive the case, nor have any jurisdiction to issue notice under Section 3 of the B.P.L.E. Act. The case of the petitioner is that the land in dispute measuring 47.60 acres of Plot No. 5 and 32.88, acres of Plot No. 15, total 80.48 acres of village Bandhgora, Thana No. 35, P.S. Pindrajora, District Bokaro was a raiyati land. Earlier a dispute was raised between the Forest Department and the original raiyats of the plots, in question, for which a regular Title Suit No. 140/54 was preferred by eleven plaintiffs against the State of Bihar. One of the plaintiffs was Shanti Ram Mahatha. The Plots No. 5 and 15 of Khata No. 28 were covered in the said title suit, The aforesaid suit was heard by the Court of learned Munsif, Purulia on 24th July, 1956 and was decreed in favour of the plaintiffs, including plaintiff No. 11 Shanti Ram Mahatha. It was decreed on contest and following order was passed against State of Bihar : - - 'That the suit of the plaintiffs is decreed on contest with costs against the defendants. Pleader's fee Rs. 16/ -allowed. It is hereby declared that the properties described in the Schedule I to IV of the plaint have not been constituted into a private protected forest as contemplated under the Bihar Private Forest Act and that plaintiffs right to control menase and possess a disputed property will subsists. It is further ordered that the defendant be injuncted from interfering with the possession of the plaintiffs over the trees standing over the lands of Schedule I to IV have till such time the properties mentioned in Schedule I to IV have been properly arid legally constituted into private protected forest in accordance to the provisions as laid -down under the Bihar Private Forest Act.'
(3.) FURTHER case of petitioners is that the petitioners purchased the land in question from the heirs of plaintiff No. 11 namely Shanti Ram Mahatha by a registered deed of the year 1984.;