PEARL THEATRES (P) LTD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) These writ petitions have been placed before me on difference of opinion between two learned Judges of this Court who have disagreed in their separate judgments dated 23.12.2008. The two writ petitions are with respect to Khas Mahal lands of the State of Bihar, situate in the township of Patna, remained in possession of the petitioner-Company for quite sometime, on which stood its theatre for public exhibition of cinematograph films until they were dispossessed in pursuance of the proceedings taken by the State of Bihar under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act').

(2.) A brief statement of facts essential for the disposal of this writ petition may be indicated. It is with respect to 0.3356 acres, equivalent to 33.5/6 decimals, of Khas Mahal lands of the State of Bihar in a busy commercial area of the township of Patna on which the theatre owned by the petitioner-Company stood, and was in its possession till they were evicted in view of the execution proceedings under the Act. Way back in 1930, the State of Bihar had leased out the land in question covering an area of 0.3356 acres in favour of one Babu Fakir Chand Lal for a period of three years for public exhibition of films. He continued beyond the period of lease leading to Title Suit No. 187 of 1939/55 of 1941, by the State of Bihar, which was decreed by ex-parte judgment and decree dated 6.4.1941, passed by the Civil Court, Patna. The State Government resumed possession of the land. The Collector of the District of Patna requisitioned the land on 7.9.1942, a major portion of which was to be transferred to the Postal Department to enable it to open a dead-letter office. By order dated 14.3.1943 (Annexure-11), the land was released under the Defence of India Rules. This much by way of background, and is not of much relevance in the present context.

(3.) As stated hereinabove, sometime in late fifties the petitioner encroached.095 acres of P.W.D. land, abutting the aforesaid 0.3356 acres, and unauthorisedly started using it for parking purpose. The State Government had initiated proceedings under the Act which was registered as Encroachment Case No. 52 of 1985-86, which was disposed of by the learned D.C.L.R., Patna, by his order dated 16.10.1985. The petitioner preferred appeal before the learned Collector of the district of Patna, who affirmed the order of learned D.C.L.R. by his order dated 12.9.1989, and impugned in the present C.W.J.C. No. 4735 of 1993.