- (1.) SEEKING quashing of order dated 16.03.2015 passed by the Circle Officerrespondent no. 4 and for quashing the final order in Encroachment Case No. 02 of 201415, the present writ petition has been filed. A further prayer seeking a direction to the respondents to take action against the respondents for removing the encroachment after taking measurement of the petitioners' land comprised in Plot No. 215 and Plot No. 216 in Thana No. 92, P.S. Giridih, District Giridih through Amin, has also been made in the writ petition.
(2.) THE petitioner no. 1 is a Company registered under the Companies Act, 1956 and the petitioner no. 2 is one of its directors. The petitioners purchased a portion of land admeasuring about 30 Kathas through registered saledeeds dated 30.07.2008 from one Tapas Bhattacharya. The land purchased by the petitioners consists of portions of land in Plot Nos. 214 and 215. The wife of the petitioner no. 2 namely, Smt. Champa Devi has purchased a portion of land in Plot No. 215 through registered saledeed dated 31.05.2006 from one Ruchika Rajgarhia. The petitioner no. 1 and the wife of the petitioner no. 2 have thus, purchased 31 Kathas, 14 Chhataks land in Plot Nos. 214 and 215. After the petitioners purchased the aforesaid land, they started constructing boundary wall in the north side where "Usri River" is situated. The Circle Officerrespondent no. 4 issued notice dated 31.10.2014 with respect to alleged encroachment upon Plot No. 215. The petitioner appeared before the Circle Officer and filed his reply on 14.01.2014. The petitioners submitted documents in support of their claim that the land in question is not a public land rather, it belongs to the petitioners. However, suddenly, notice dated 16.03.2015 was served upon the petitioners directing removal of encroachment over Plot No. 215. It is averred that final order has been passed however, a copy of the same has not been provided to the petitioners though, the petitioners have made application on 25.03.2015 for obtaining a certified copy of the final order passed by the respondent no. 4. Thereafter, the respondent no. 4 vide letter dated 18.03.2015 made requisition for deputation of police force for removal of alleged encroachment over Plot No. 215.
(3.) HEARD the learned counsel for the parties and perused the documents on record. The learned counsel for the petitioners submits that though the land in question is a raiyati land which has been lawfully transferred to the petitioners, still a proceeding under the Bihar Public Land Encroachment Act has been initiated against the petitioners in which an order has been passed directing the petitioners to remove construction over Plot No. 215. It is stated that earlier also on a complaint made by some persons with vested interests, the measurement was taken by the Circle Officerrespondent no. 4 and it was found that the petitioners have not encroached upon the land in Plot No. 216. It is further submitted that a dispute was raised with respect to a small pond/tank described as "Sunder Talab" and Title Suit No. 71 of 2002 was filed by respondent no. 5 which was dismissed vide order dated 12.01.2007. Title Appeal Case No. 08 of 2007 has been filed by the respondent no. 5 however, the order passed in Title Suit No. 71 of 2002 has not been stayed by the appellate court. In the said proceeding also, an order was issued for removing the encroachment and this Court permitted the petitioners to approach the Circle Officer and produce documents in support of their claim.;