Rajesh Shankar, J. - (1.) Heard the learned counsel for the parties.
(2.) The present writ petition has been filed for commanding upon the respondents to immediately remove the seal from the lease hold premises of the petitioner and further not to disturb with the peaceful possession of the petitioner over the said premises.
(3.) The factual background of the case as stated in the writ petition is that the petitioner is an unregistered society having its school of physical education situated at Mouza Hirapur, P.O and P.S Dhanbad, District Dhanbad under Khata No. 91, Plot No. 1118, area 20 Katha 8 Chatak (hereinafter referred to as "the said land"). The District Board, Dhanbad vide Resolution dated 20.03.1938 had given possession of the said land to the petitioner, which was subsequently approved by the State Government and thereafter, the petitioner paid the rent of the premises. During the period 1970, the petitioner was in financial crisis and as such, it constructed four shops in the front side of the said land on an area of approx. 500 sq.ft. and the income derived from it was used for running the school of physical education. In the year 1978, an encroachment proceeding was started against the petitioner vide B.P.L.E Case No. 9 of 1979 before the Land Reforms Deputy Collector, Dhanbad, which ended with passing of the order dated 17.08.1979, whereby the petitioner was directed to remove the encroachment over the said land. Aggrieved thereof, the petitioner filed appeal being M.R.A No. 87 of 1979 in the court of Additional Collector, Dhanbad and vide order dated 12.11.1981, the order of the learned L.R.D.C was modified to the extent that the petitioner was directed to remove the encroachment only from that portion of the land upon which shops were constructed. The President of the petitioner, thereafter, filed writ petition being C.W.J.C No. 1873 of 1981(R) before Ranchi Bench of Patna High Court, which was dismissed vide order dated 04.01.1982. Pursuant to the order dated 04.01.1982 in C.W.J.C. No. 1873 of 1981(R), a notice was served to the President of the petitioner on 13.07.1988 to remove the encroachment i.e., the four newly constructed shops on the part of the said land. Since then, the petitioner had no concern with 4 shops constructed over an area of 500 sq.ft. on the land in question. However, the said shops were not removed by the Zila Parishad, Dhanbad, rather rents from the said shops were being realized by the Zila Parishad itself which used to be earlier collected by the petitioner. The respondent no. 3 again issued notice dated 13.07.1998 to the petitioner with a direction to remove all the constructions over the said land, but subsequently no step was taken pursuant to the notice. However, vide notice dated 17.03.2005 (Annexure7 to the writ petition), the respondent no. 3 - Zila Parishad, Dhanbad, once again referring to order passed by Ranchi Bench of Patna High Court dated 04.01.1982 in C.W.J.C. No. 1873 of 1981(R), directed the petitioner to vacate the land in question and finally on 09.06.2005, sealed the said premises in presence of the Executive Magistrate as well as the Police Force which gives rise to filing of the present writ petition.;