BINOD KUMAR PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner, learned Standing Counsel No.22, appearing on behalf of Respondent Nos. 1, 2, 3 & 5 and learned counsel appearing on behalf of Gaya District Board (Gaya Zila Parishad), respondent no.4 herein.

(2.) THE petitioner has filed the present writ petition under Articles 226 and 227 of the Constitution of India, questioning the validity and legality of order dated 28.01.1994 (Annexure-9), passed in Miscellaneous ( Encroachment) Appeal Case No. 30 of 1993, by respondent District Collector, Gaya, whereby direction has been issued for removal of encroachment from the public land bearing C.S. Plot No. 90 corresponding to Municipal Plot No. 4928 area 37 decimals.( Hereinafter referred to as the land in question)

(3.) LEARNED counsel appearing on behalf of petitioner submits that the land in question belongs to Gaya Zila Parishad and he is in occupation over the same on the basis of lease deed dated 6th of February 1989 (Annexure-3). According to him, though, aforesaid lease deed was for five years commencing from 6.2.1989 till 5.2.1994, but that was further renewed for ten years. Therefore, according to him, the petitioner cannot be termed to be an encroacher over the land in question under the meaning of the Act.