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2025:JHHC:27816

(b) vide Rent fixation Case No.12 of 1963-64, rent in respect of the land in question was duly determined by the Circle Officer, Mahagama and pursuant to vesting of Jamindari, rent was duly received by the then State of Bihar.

(c) Misc. Case No.30 of 1964-65 was instituted before the court of L.R.D.C., Godda alleging that the petitioner has encroached upon the land in question and vide its order dated 31.1.1966 the said proceeding was dropped observing that the rent in respect of the land in question has duly been determined by Respondent No.4 i.e. the ircle officer, Mahgama, Godda in Rent Fixation Case No.12 of 1963-64 and as such it was beyond the scope of Bihar Public Land Encroachment Act, 1956 to get the petitioner dispossessed from the land in question.

(d) After lapse of 17-18 years, Misc. Case No.11 of 1981-82 was initiated for cancelling the Jamabandi running in the name of the petitioner and vide an ex- parte order dated 02.04.1981 L.R.D.C., Mahagama has cancelled the said Jamabandi running in the name of the petitioner and the petitioner was dispossessed from the land in question.

(e) Thereafter, the petitioner filed a suit being Title Suit No.01 of 1983 in the court of learned In- charge Officer-II, Dumka, District -Godda, praying therein for declaration of right, title and interest of the petitioner over the land in question and also for recovery of possession and even ex-parte order dated 02.04.1981 was also challenged in the said suit.

(h) Despite the fact that the Title Appeal was dismissed, Notice dated 18.8.2015 was issued by the Respondent No.4 by which petitioner was directed to stop the construction work over the land appertaining to Plot No.32, Mouja Basua, Jamabandi (Khata) No.25/56 of village Mahagama, District Godda.

(i) Challenging the said Notice dated 18.8.2015 Petitioner has filed W.P.(C) No.4186 of 2015 before this Court which was disposed of vide order dated 05.09.2018 with certain directions and observation that the Circle Officer has got no jurisdiction to pass any restraining order in connection with the construction over the private property.

(s) Respondent No.4 vide its Letter No.1023 dated 12.08.2024 has furnished its enquiry report before the Sub Divisional Officer, Mahagama.

(t) Even the District Agriculture Officer, Godda, 2025:JHHC:27816 vide its Letter No. 1225 dated 30.07.2024 also called for an enquiry report from the office of Respondent No.4 in respect of the complaint filed by private respondents and other, and enquiry report was also furnished vide Letter no. 1024 dated 12.08.2024 by R.No.4 in respect of the land in question to the said authority.