RAJESH SHANKAR,J. - (1.) The present writ petition has been filed for quashing the order dated 16.10.2015 passed in Encroachment Case No. 3 of 2014-15 by the Circle Officer, Chas (Bokaro), whereby the application dated 27.6.2014 filed by the petitioner under Bihar (now Jharkhand) Public Land Encroachment Act, 1956 against the respondent nos. 4 to 19 has been dismissed. Further prayer has been made for quashing the order dated 16.2.2016/23.2.2016 passed by the Collector-cum-District Magistrate, Bokaro, whereby the Encroachment Appeal No. 38 of 2016 filed against the order dated 16.10.2015 in Encroachment Case No. 3 of 2014-15 has been rejected.
(2.) The factual background of the case as stated in the writ petition is that the land under Plot No. 69, Khata No. 67 of Mouza-Mamarkudar, Thana No. 92, Area 62 decimals at Chas, District-Bokaro (hereinafter referred to as "the said land") is a Government land and is recorded as Gair Abad Malik in the Khatian of the year 1925. The petitioner being a public spirited person filed an application dated 27.6.2014 before the Deputy Collector Land Reform (DCLR), Chas, Bokaro and requested for removing the encroachment made by the respondent nos. 4 to 19 over the said land alleging that the same is a Government/Public Land. On the basis of the the petitioner's application, the DCLR, Chas, Bokaro vide his Letter No. 491 dated 24.7.2014, directed the Circle Officer, Chas to take action in accordance with law after due inquiry, who vide order dated 12.8.2014 called for a report from Halka Karamchari/Circle Inspector. The Circle Inspector submitted his report stating that the land is recorded as Gair Abad Khata and recommended for initiation of encroachment case against the respondent nos. 4 to 19 and accordingly, Encroachment Case No. 3 of 2014-15 was registered and notices were issued to the respondent nos. 4 to 19, who submitted their reply stating that the land was settled by the ex-landlord in favour of their great grandmother vide unregistered Jothe Patta dated 7.1.1940 and on a part of which, she constructed residential house whereas the rest land was used for growing vegetables. The respondent nos. 4 to 19 further contended that after the death of the settlee, they came in possession of the land in question. The Circle Officer, Chas rejected the application of the petitioner on the basis of the show-cause reply of the respondent nos. 4 to 19 and also the opinion of the Government Pleader. Aggrieved thereby, the petitioner filed Encroachment Appeal No. 38 of 2014-15, but the same was not entertained by the Collector-cum-District Magistrate, Bokaro on the ground that no public interest is involved in the said appeal.
(3.) The learned counsel for the petitioner submits that the show-cause reply of the respondent nos. 4 to 19 was not served to him to explain the ground taken in the same. The Circle Officer, Chas passed the impugned order dated 16.10.2015 without hearing the petitioner, only putting reliance on the show-cause reply of the respondent nos. 4 to 19 and the opinion of the Government Pleader. It is further submitted that the impugned order has been passed in violation of the principles of natural justice. It is also submitted that old Khatian of the land has not been considered, wherein the said land has been recorded as Government/public land. The authorities failed to appreciate the fact that no rent receipt has ever been issued by the State Government in favour of the respondent nos. 4 to 19. The Circle Officer also did not consider the report of the Halka Karamchari who specifically mentioned that the said land is recorded as Gair Abad Khata Land. It is further submitted that the said land was a Government land and as such, the Zamindar had no authority to settle the said land by Jothe Patta dated 7.1.1940 in favour of Rangi Mahatwain and thereafter to issue frivolous rent receipt in her favour. It is finally submitted that the State was never called upon to file any formal reply by the State authorities.;