- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner was aggrieved by the actions of the respondents in demolishing his double storeyed house constructed on a piece of land on portion of a Plot No. 7378 under Khata No. 444 of Village -Chas said to have been purchased by him through two registered sale deeds dated 25.1.1978 from the vendor namely Bagal Chandra Acharaya area measuring total 5 decimals. The petitioner, relies on the rent receipt annexed as Annexure -1 and submits that the land was also mutated in his favour. He constructed double storeyed house after sanction of the plan and expending considerable money after taking loan from various institutions. The petitioner is aggrieved as the land in question is never said to have been acquired in respect of which the proceedings under Bihar Public Land Encroachment Act, 1956 (for short the 'BPLE Act') were initiated by the Circle Officer, Chas vide Encroachment Case No. 24(iii) 85 -86, 19/85 -86 etc. The petitioner had approached the Patna High Court in C.W.J.C. No. 866 of 1995(R) against the initiation of the proceedings under the B.P.L.E. Act, whereafter, vide judgment dated 17.7.1989, the respondents were directed to decide the issue as a preliminary issue after giving opportunity to the petitioner. Thereafter, according to the petitioner, over reaching the orders passed by the Patna High Court in the said writ petition, notices were issued asking for demolition or removal of the construction in respect of the persons including the petitioner residing in the said colony over the plot in question.
(3.) IT is stated that the petitioner filed his show cause, before the appellate authority, although, the stipulated mandatory time as per the provisions of the BPLE Act, 1956 was not granted. However, the Circle Officer, Chas was directed for removal of the alleged encroachment vide order dated 13.7.1994. The petitioner preferred an appeal before the Deputy Commissioner, Bokaro against the said original order but the appeal was decided in haste and all the contentions of the petitioner were rejected although the petitioner had filed document such as registered sale deeds, rent receipt and mutation order etc. The appellate order was passed on 5.8.1995 i.e. on Saturday which is at Annexure -8. The respondents, thereafter, started demolishing the house without giving him any opportunity to invoke the jurisdiction of the higher forum and as such, he has moved this Court against the arbitrary and illegal acts of the respondents.;