- (1.) Heard learned counsel for the parties.
(2.) The B.P.L.E proceeding initiated against the petitioner pursuant to the notice at Annexure -1 dated 10.3.2012 issued by the Circle Officer cum Collector, Land Encroachment, Dhanbad in respect of several plots bearing nos. 319, 230, 303, 97, 113, 130, 140, 164, 178, 195,238, 732, 739, 738, 730, 660, 661, 639, 642, 641, 734, 632, 635, 638, 735,736,737,620 having an area of 6.79 acres under village Laikdih, Thana no. 254 concluded against the petitioner who assailed it in B.P.L.E Appeal No. 4 of 2013 before the Collector, Dhanbad. On 18.7.2013 vide Annexure -3, the Appellate Authority has passed the following order: - "Prima Facie it appears that some plots have been included in B.P .L.E notice over which petitioner claims to have title by Civil Court Decree. There are some plots to show claim through valid documents. Hence any eviction exercise must be done only after verification of the plot physically by Mapi by an amin and eviction should be carried out over only those plots for which appellant has not shown any valid title document. Eviction for plots mentioned in the Title Appeal NO. - 33/95 over which the appellant has been declared title is stayed till further orders. Put up for hearing on 30/07/13. Issue Instructions to C.O. Nirsa".
(3.) This Court refused to entertain the challenge to the B.P.L.E proceeding in W.P.C. No. 4355 of 2013 as the petitioner was also pursuing parallel remedy and interim order had been passed by the Appellate Authority. The writ petition was dismissed vide order dated 30.7.2013(Annexure -4). The Circle Officer, Nirsa through letter no. 696 dated 24.7.2014 (Annexure -5) has taken steps to remove encroachment and accordingly made a request to the Sub Divisional Officer, Dhanbad for deputation of force which has aggrieved the petitioner to approach this Court again.;