N.N.TIWARI, J. - (1.) In this writ petition the petitioners have prayed for quashing the notice and the entire proceeding of Land Encroachment Case No. 5/06 -07 pending before the Circle Officer, Garhwa.
(2.) THE petitioners claimed to have their residential houses over Plot No. 204, appertaining to khata No. 82, measuring an area of 0.35 acre of Village -Tandwa, P.S. and District -Garhwa (hereinafter to be called as 'the said land'). The said land was recorded as gairmazarua malik, in the last survey records of rights. The ex -landlord Chhedan Sao had settled the said land in favour of Dhanku Sao by virtue of hukumrvama, followed by rent receipts and physical possession. After vesting of zamindari, in the year 1955 -56 under the provisions of the Bihar Land Reforms Act. 1950, the ex -landlord Chhedan Sao had submitted return in which Dhanku Sao was shown as raiyat, in respect of the said landi Necessary enquiry was made by the revenue authorities and rent was assessed in favour of Dhanku Sao in the year 1955 -56. The State of Bihar then recognized the said Dhanku Sao as raiyat, and zamindari, was opened in his name. He had been praying rent to the State of Bihar since thereafter. By virtue of a sale deed dated 25.11.1978, Dhanku Sao sold the said land to Most. Sham Kunwar, wife of late Shital Sao, for a valuable consideration. There was a fresh survey of land in the locality for preparation of Record of Rights. In the said survey, Draft parcha in respect of the said land appertaining to Old khata No. 82 Corresponding to New khata No. 208 and Old Plot No. 204 corresponding to New Plot No. 834 was prepared in the name of Most. Sham Kunwar, showing her raiyat, of the said land.
(3.) THE said Most. Sham Kunwar sold an Area of 0.07 acre and 0.03 3/4 acre of the said land to the petitioner Nos. 1 and 2, for a valuable consideration, by virtue of the registered sale deed dated 27.4.2003. Most. Sham Kunwar died leaving behind her sons as her heirs and legal representatives. The sons of Sham Kunwar sold the remaining land to the petitioners by virtue of a sale deed dated 25.2.2004 for a valuable consideration of Rs. 60,000/ -.;