Rajesh Shankar, J. - (1.) Both these writ petitions have been filed for quashing the notices contained in memos dated 06.12.2014 issued to the petitioners by the Circle Officer (respondent no. 3) whereby the petitioners have been asked to show cause as to why their constructions over the part of the land bearing Jamabandi No. 588, Dag/Plot No. 1345 having a total area of 2 Bigha 18 Katha and 2 Dhur of Mouza Pakur (hereinafter called the said land) be not demolished in the light of the inspection report submitted by the Revenue Karmchari and the In-charge Circle Inspector and also in the light of the letter no. 255/DB dated 29.05.2014 issued by the SubDivisional Officer (respondent no. 2). The petitioners have also prayed for quashing the notices contained in memos dated 30.01.2015 issued to them by the respondent no. 3, whereby they have been directed to remove their construction alleging that they have encroached upon the said land.
(2.) The factual background of the case as stated in the writ petitions is that the said land is recorded in the revisional survey record of right in the name of Shesh Nath Pandey and after his death, the same devolved in Kanti Pandey being his heir/legal representative. In the year 1972, some portions of the said land were given to the petitioners' ancestors on monthly tenancy to carry out business for their livelihood. Since the date of tenancy, the petitioners are in possession of their respective shares and are paying rent to the concerned landlord/agents. After the death of Kanti Pandey, a dispute arose among his heirs/legal representatives which resulted in filing of Title (Partition) Suit No. 23 of 2010 by one Smt. Sunetra Tewari. All of a sudden, the petitioners have been issued show cause notices dated 06.12.2014 for removal of their construction alleging that they have encroached upon the said land. Thereafter, the petitioners filed their respective reply stating that they are in continuous possession of the said land by virtue of tenancy which is a private property of one Shesh Nath Pandey. However, the respondent no. 3 vide impugned notices contained in memos dated 30.01.2015 has directed the petitioners to remove the construction on or before 20.02.2015 failing which the construction would be demolished at the cost of the petitioners. Thereafter, the petitioners alongwith others filed objection before the respondent no. 3 on 09.02.2015, however without any positive consequence. Hence, the present writ petition.
(3.) The learned counsel appearing on behalf of the petitioners submit that the said land is recorded in the name of Shesh Nath Pandey in the Survey Settlement held in the year 1928 and 1932 and the inter se dispute among the legal descendants of the recorded tenant is pending in the court of Sub Judge, Pakur in Title Suit (Partition) No. 23 of 2010. It is further submitted that no encroachment proceeding can be initiated upon a private land. The said land has been settled to the petitioners by Kanti Pandey on monthly tenancy basis and the rent receipts have been issued to them by Kanti Pandey and subsequently after his death, by his son Kalyan Prasad Pandey. It is further submitted that the petitioners have constructed small shops upon the said land as per their respective shares since the date of settlement. Till date, neither the inspection report of the Revenue Karmchari/the In-charge Circle Inspector, nor the copy of letter no. 255/DB dated 29.05.2014 has been served upon the petitioners to ascertain about the nature of the proceeding and as such they have been denied adequate opportunity to defend their cases.;