M.Y.EQBAL,J - (1.) HEARD the counsel for the parties.
(2.) IN this writ application the petitioner has prayed for quashing the order dated 14/10/2005 passed by the Circle Officer, Town Anchal, Ranchi in Encroachment Case No. 09/01 -02 whereby he has directed the petitioner to remove the encroachment over a portion of the land in question comprised within survey plot No. 948, Khata No. 1, thana No. 202 situated at village Hesal, district -Ranchi and also for quashing the order dated 28.05.2005 passed by Additional Collector, Ranchi in Encroachment Appeal No. 2R 15 of 2004 -05 affirming the order passed by the Circle Office, Ranchi. Case of the petitioner is that the land in question belonged to one Smt. Ketki Sahay, daughter of late Krishna Mohan Sahay from whom the petitioner purchased the said land by virtue of registered deed of sale deed dated 20/9/90. Before purchasing the land, the vendor of the petitioner applied for permission of the Deputy Commissioner, Ranchi as required under Section 27 of the Urban Land Ceiling Act, 1976 in case No. 418 of 1989. It was only after the permission was granted by the Deputy Commissioner, the land was purchased by the petitioner. Petitioner's further case is that after purchasing the aforesaid land mutation was allowed by the Circle Officer in Mutation case No. 1978R -27/90 -91 and also by the Ranchi Municipal Corporation in Mutation case No. 15/94 and he has been paying all rent and taxes in his name since 1992. In 1996 the petitioner filed site plan of the house before the Ranchi Regional Development Authority for sanction of the said site plan, which was duly sanctioned in case No. 12/96 on 12.2.1996. The petitioner, thereafter, constructed a building. All of a sudden in 2001 an encroachment case was initiated against the petitioner vide Encroachment case No. 9/2001 -02 for removal of the encroachment on the ground that the land is a public land.
(3.) A counter affidavit has been filed on behalf of respondent Nos. 2, 3 and 4, namely, the Deputy Commissioner, Additional Collector and the Circle Officer, Ranchi, affidavit of which has been sworn by the Circle Officer. In the counter affidavit the purchase of land by the petitioner after obtaining permission from the Deputy Commissioner under Section 27 of the Act, the mutation of the name of the petitioner in the revenue records as also in the records of the Municipal Corporation has not been denied by the respondents. The stand taken by the respondents is that the land was acquired under the Land Acquisition Act in the year, 1965 for Public Health Engineering Department and possession of the same was delivered to the department and, in this way, the land in question is a public land.;