Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties.
(2.) Proceeding initiated under Bihar Public Land Encroachment Act, 1956 by the Circle Officer, Ramgarh Sadar, district Ramgarh in respect of Plot No. 1378 having an area of 2.50 acres, village Marar, thana No. 144, has been challenged by the petitioner. He has also challenged the final order passed under Sec. 6(2) of the Act of 1956 (Annexure -6). He has also sought restrainment upon the respondents from interfering in his peaceful possession.
(3.) Petitioner claims to have acquired title on the basis of a settlement of plot in question from ex -landlord in the name of his father in the year 1939 -40, as per settlement paper (Annexure -1). It is his contention that the ground rent was assessed in his name and revenue demand was also opened in the serista of ex -landlord in the name of settlee. According to the petitioner, respondent revenue department acknowledged the tenancy of the settlee Bikram Tiwary in the revenue record in Register - II at page -76/7 and he has paid rent up to 2010 with respect to the land. Petitioner contends that the name of his late father is still running in the record of the State and rent have been assessed from time to time and on payment of the same, receipts are being issued. Annexure -2 series are annexed in support of it. It is further contended that the land is situate within the jurisdiction of the Cantonment Board, Ramgarh and father of the petitioner had constructed residential house structure and boundary wall around 30 -35 years ago after approval of building plan by the Cantonment Board. Electricity connection is also running in his name and Annexure -3 is the latest electricity bill dated 13.01.2013. Based on these facts, petitioner has alleged that notice under Sec. 6(2) of the Act of 1956 did not conform to the requirement of law as it did not give minimum two weeks time to respond. Therefore, the proceeding from its inception, is suffering from procedural irregularity which has vitiated the final order. Petitioner however responded to the notice, as per his reply at Annexure -5. Thereafter, respondents have issued the notice for removal of encroachment under Sec. 6(2) of the Act of 1956, finding the petitioner liable for encroachment over plot No. 1378 having an area of 2.50 acres under thana No. 144, village Marar district -Ramgarh.;