M.Y.EQBAL, J. - (1.) THE petitioner has challenged the order dated 6.9.1997 passed by the Circle Officer, Town Anchal, Ranchi in Land Encroachment Case No. 2/88 and also the order dated 16.7.2001 passed by the Deputy Commissioner, Ranchi in Land Encroachment Appeal No. 333(R) 15 of 1998 -99 whereby the petitioner has been directed to remove the encroachment over 0.72 acres of land bearing R.S. Plot No. 1981 of Khata No. 252 situated at village Booti PS Sadar, district Ranchi. The said orders have been passed in a proceeding initiated under the Bihar Public Land Encroachment Act, 1956 .
(2.) MR . Debi Prasad, learned senior counsel appearing on behalf of the petitioner assailed the impugned orders mainly on the ground that there is serious disputed question of title with respect to the land in question and such dispute with regard to title and possession cannot be decided in a summary proceeding under the said Act. Learned counsel put reliance on the decisions reported in AIR 1955 Pat 1; 1998 (3) BLJR 1737; Nagendra Mistri V/s. State of Bihar, 2000 (1) PLJR 209; Ash - wani Kumar Gupta V/s. State of Bihar, 2000 (2) PLJR 221; Jharu Napit V/s. State of Bihar, 2003 (3) JCR 424 and Kamal Kumar Singhania V/s. State of Jharkhand, 2003 (3) JCR 195 (Jhr) : 2003 (3) JLJR 178. Petitioner 'scase is that originally the land in question was leased out by the Executive Engineer PWD Road Division, Ranchi to one Sri S.M. Dhar for a period of 12 years by a registered deed of lease dated 29.9.1943. The said lessee Sri S.M. Dhar, before expiry of lease, transferred his leasehold right with respect to the land in favour of Banshi Dhar Daga by virtue of a registered deed dated 30.4.1946 and put him in possession of the same. Bansidhar Daga exercised all acts of possession over the said land so long he was alive and after his death his son Sri Pradeep Kumar Daga and his widow, Chandrakala Devi inherited the said property left by the deceased and came in possession of the same. Petitioner 'sfurther case is that Pradeep Kumar Daga and Chandrakala Devi sold the aforementioned land along with other lands to the petitioner by virtue of a registered deed of sale dated 2.5.1972 for a valuable consideration and put them in possession of the said land. The petitioner claims to have been in continuous possession of the land after spending huge sum without any objection, obstruction, hindrance, claim or demand from any corner far less by the respondents. The petitioner, therefore, claims absolute ownership with respect to the aforesaid land and claims to have acquired absolute and indefeasible title thereto.
(3.) THE collector exercising appellate power, while dismissing the appeal, came to the following conclusion : "It is an admitted fact that land belonging to Khata No. 252. Plot No. 1981 of Mouja Booti, PS Ranchi Sadar has been recorded as Kaisrchind in the revisional survey. The State Government is the custodian of such land which belongs to Government of India. No authority other than the Government of India or State Government is competent to grant lease in respect of such land. In the present case the appellant claims that the Executive Engineer, PWD, Road Division, Ranchi originally granted lease for a period of 12 years on 29th September, 1942 to Sri S.M. Dhar. Executive Engineer is not the competent authority to grant lease in such cases. Moreover the lessee cannot transfer or sub -lease such land without the express permission of the lessor. But in this case appellant claims transfer of this land from Shri S.M. Dhar to Shri Banshidhar Daga and from his heirs to the appellant. All these transactions are bad in the eye of law and do not create any right, title and interest over the land in question in favour of the appellant." ;