Sujit Narayan Prasad, J. - (1.) This writ petition has been filed under Article 226 of the Constitution of India wherein following prayers have been made:- i. In the nature of mandamus commanding upon the respondent authorities to show cause as to how and under what authority they have demolished the boundary wall and other structures of the petitioner no.1 and are preventing it from carrying out construction and other activities at the plant site which is situated over the land purchased by it through registered sale deeds; ii. For a further writ/order/direction restraining the respondents from interfering with the possession of the petitioner no.1 over plot no.436 of khata no.90, village Marhand, P.S. Katkamsandi, District Hazaribagh or interfering with the construction activities being carried out at the plant site of the petitioner no.1 situated over the aforesaid land. iii. For a further writ/order/direction in the nature of certiorari for quashing the entire proceeding initiated against the petitioner no.1 (wrongly mentioned as Jharkhand Sponge factory) purported to be under the Bihar Public Land Encroachment Act, 1956 being BPLE Case No. 07/2017, notice whereof has been served on the petitioner no.1 on 15.01.2019 vide letter no. 2019 dated 11.01.2019 (Annexure-9);
(2.) The brief facts of the case of the petitioner as per pleading made in this writ petition is that pertaining to Plot No.436 Khata No.90, Village Marhand, Thana No. 116, P.S. Katkamsandi, District Hazaribagh, comprising that Area of 64.25 acres was recorded in the name of exlandlord namely Liladhar Misir as his Khas land, the said Liladhar Misir on or about 08.12.1936 by a registered settlement being Deed No. 2301 of 1936 transferred the same in favour of one Prabhod Chandra Mitra, who came in possession of the same. He got his name mutated in the Register of the Serista of the then Landlord and paid rent to him and in token thereof rent receipt were issued in his favour. The Said Prabhod Chandra Mitra by virtue of a Hukumnama transferred the said land to one Shrikant Singh Mahapatra, on 15.01.1945 and came in possession over the same and got his name mutated in the office of Circle Officer Katkamsandi, and received rent receipt till 1964- 65. The State Government has come out with a notification being Notification No.10166/52-17R dated 02.01.1953 under Section 29 of the Indian Forest Act, 1927 by which some lands within the District of Hazaribagh including Plot No.436 of village Marhand was declared to be a protected Forest till the rights of Government and Private Persons comprised within the said land is not enquired into and recorded as laid down under Section 29(3) of the said Act. The said Shrikant Singh Mahapatra thereafter applied for release of the said Plot No. 436 from forest land which was registered as Case No. 165/62-63 before the competent authority i.e. Forest Settlement Officer Hazaribagh on detailed enquiry, 47.73 acres of the said Plot No. 436 was release in favour of the Shrikant Singh Mahapatra by Forest Settlement Officer, Hazaribagh on 26.08.1963 and accordingly by virtue of an order passed on 22.05.1975, plot No.436 was released from protected forest in the year 1975. The said Shrikand Singh Mahapatra sole the aforesaid land in favour of the Bhola Nath Mitra by a registered sale deed No.8269 dated 25.08.1965 and put the purchaser in possession thereof his name mutated in the office of Circle Officer Katkamsandi, and paid rent to the State of Bihar, in token whereof rent receipt were issued. The Said Bhola Nath Mitra while thus in possession has transferred the portion of the said land in favour of Sri Harsh Verma who came in possession over the part of the land who has transferred the land by virtue of registered deed dated 11.03.2008 sold and transferred 9.23 acres of the aforesaid plot no. 436 in favour of the petitioner no.1. Thereafter, the petitioner has purchased the aforesaid land in order to set up a Mini Project Integrated Steel Plant along with captive power plant (8 MW) kept power plant, the land was in his possession, the respondent without any notice to the petitioner had demolished the boundary wall on 12.01.2019 on the assumption that plot no.436 is protected forest under the notification no. 10166/52-17R dated 02.01.1953 thereby caused huge lost to the petitioner against which the complaints have also been made before the authority.
(3.) Learned counsel for the respondent have issued a notice on 11.01.2019 under the provision of Jharkhand Public Encroachment Act, directing him to appear before the Respondent No.5 on 19.01.2019 on the ground that against which this writ petition has been filed, questioning the jurisdiction of the authority under the provision of Jharkhand Public Land Encroachment Act, since it is not maintainable as because the stay land is raiyati in nature. The land is being presumed to be protected forest but it has been brought from the purview of the protect forest but without taking into consideration this aspect of the matter the notice has been issued.;