APARESH KUMAR SINGH, J. - (1.) Heard learned counsel for the parties.
(2.) Plaintiff in Title Suit No. 3 of 1999 instituted in the Court of Sub Judge Ist, Dhanbad is the petitioner herein. Respondent B.C.C.L and its official were impleaded as principal defendants while other parties being the brothers of the plaintiffs were impleaded as proforma respondents. Plaintiff sought a decree as against the defendant nos. 1 to 3 declaring that Schedule 'A' and 'B' premises are not public premises and have not vested with defendant no. 1 and that no proceedings in the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 can be initiated in respect of Schedule A and B premises. As such the order passed in Eviction Case no. 29/86 is illegal, void and mala fide and not binding upon the plaintiff. He further sought a declaration restraining the defendant nos. 1 to 2 from interfering with the plaintiff's possession over the Schedule 'A' and 'B' lands on the strength of the order passed in Eviction Case no. 29/86. On the relief being allowed consequential decree of cost was also prayed for.
(3.) The plaintiff contended through the plaint that after vesting of Zamindari under Bihar Land Reforms Act, 1950 the Jharia Raj Estate vested in the State of Bihar. Plot no. 69 of Khata no. 11 Mouza Dobari (Mouza No. 142) measuring an area 11.62 Acres were recorded in the name of B. N. Bagchi and Dobari Colliery in the last records of rights. Plot no. 85 of Khata no. 17 measure 15 Acres 13 Decimals in the said Mouza Dobari No. 142 were recorded as "Gair Abadk Malik" in the name of Raja Shiv Prasad Singh, the Zamindar of Jharia Raj Estate in the last records of right.;