- (1.) The present writ petition has been filed for quashing the letter no.1298 dated 17th September, 2008 (Annexure-8) issued under the signature of the Executive Engineer, Road Construction Department, Road Division, Koderma- respondent no.4, calling upon the petitioner to produce the documents relating to the land before him.
(2.) Learned counsel for the petitioner submits that the land, pertaining to Khata no.138, Plot no.7504, situated at Mouja Telaiya, Thana no.244, District Koderma, measuring an area of 10 decimals, was in the name of one Mostt. Khago Kuari, widow of Late Jhari Ram. Said Mostt. Khago Kuari is the grandmother of the petitioner and was the recorded tenant of the said land. Subsequently, she gifted the part of the said land measuring 3 decimals by way of registered deed of gift dated 18th April, 1966 to Late Vijoy Laxmi Devi, wife of Late Ram Chandra Ram. The said Vijoy Laxmi Devi is the mother of the petitioner and she had been in possession of the said land since 1966. Mostt. Khago Kuari also gifted 3.25 decimals of land of old Plot no.3454, new Plot no.7504 to one Shakuntala Devi, who is aunt of the petitioner. The rent receipt for the said land is being regularly issued in the name of the mother of the petitioner by the competent authority. The State of Bihar filed a title suit, being Title Suit no.766 of 1967 for declaration that the land in question was acquired by the State of Bihar and it had valid right, title and interest over the same, as the compensation was already paid to the recorded tenant (owner of the land). The said title suit was allowed against which a title appeal bearing Title Appeal no.38 of 1973 was preferred by one Bhagwan Das and two others. The said title appeal was allowed vide judgment dated 22nd December, 1975 with an observation that the plaintiff (State of Bihar) failed to prove the title and possession over the suit land and held that the alleged encroachment made by the defendants was not over the public land. Accordingly, the judgment and decree passed by the original court in Title Suit no.766 of 1967 was also set aside.
(3.) Learned counsel for the petitioner further submits that earlier a land encroachment proceeding was initiated by the Circle Officer, Koderma against the mother of the petitioner, which was subsequently dropped vide order dated 16th August, 1993. Thereafter, the mother of the petitioner used to pay applicable taxes to the Jhumri Telaiya Municipality and after her death, the petitioner has been paying taxes regularly. It is further submitted that the mother of the petitioner had obtained permission for extension of the building standing over a portion of plot no.7504 (old plot no.3454) which was sanctioned by the concerned authority vide order dated 19th December, 1992. Thereafter, the Board of Jhumri Telaiya Municipality in its meeting held on 29th December, 1992 decided to take steps for cancellation of the sanctioned plan of the building and, accordingly, the Executive Officer vide order contained in memo no.4017 dated 29th December, 1992 cancelled the said sanctioned plan. Being aggrieved, the petitioner moved the Ranchi Bench of Patna High Court by filing a writ petition, i.e. C.W.J.C. No.2572 of 1993(R), which was disposed of vide order dated 18th May, 1994. In compliance of the order dated 18th May, 1994, the Executive Officer, Jhumri Telaiya Municipality vide order as contained in memo no.1427 dated 5th October, 1997 restored the sanctioned plan for extension of the building. It is also submitted that the concerned respondents again harassed the petitioner by demarcating the part of the building for demolition standing over plot no.7504 (old plot no.3454), Khata no.138. Thereafter, the petitioner again moved the Ranchi Bench of Patna High Court by filing writ petition i.e. CWJC No.762 of 1997 for a direction upon the respondents not to demolish the portion of the house of the petitioner. The said writ petition was disposed of vide order dated 27th January, 1998, directing the respondents not to demolish the structure/building in question. In spite of the aforesaid orders passed by this Court, the respondent no.4 issued the impugned letter dated 17th September, 2008 informing the petitioner that the land in question is under encroachment and further directed him to produce the documents relating to the said land before him. Hence this writ petition.;