NARENDRA NATH TIWARI, J. - (1.) The petitioner, in this writ petition, has prayed for quashing the order dated Ist June, 2007 passed by the Deputy Commissioner, Hazaribagh in B.P.L.E. Appeal No. 77 of 2005 and for quashing the order dated 13th December, 2004 passed by the Sub Divisional Officer, Sadar, Hazaribagh in Misc. Case No. 13 of 2004 as also for quashing the order dated 30th April. 2004 passed by the Circle Officer, Hazaribagh in Encroachment Case No. 4 of 2003 -04.
(2.) GRIEVANCE of the petitioner is that though the land, in question, is a public -road and is used by the members of the Housing Co -operative and road was constructed from the fund of the Government. It has been wrongly held by the concerned authorities that the same is not a public land and that the provision of Bihar Public Land Encroachment Act is not attracted. On that basis, they have refused to take any action. Learned J.C. to S.C. (L and C). appearing on behalf of the State -respondents, supported the impugned order and submitted that the land, in question, is recorded as raiyati in the record of rights. The said land cannot be said to be public land and the proceeding under Bihar Public Land Encroachment Act cannot be initiated. The said facts have been considered by all the authorities concerned. They have concurrently found that the land, being raiyati, no action can be taken under the provision of the Bihar Public Land Encroachment Act.
(3.) I have heard learned Counsel for the parties and considered the facts and materials on record.;