SHARDA DEVI Vs. STATE OF BIHAR
LAWS(SC)-2003-1-33
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on January 08,2003

SHARDA DEVI Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

MOHAMMAD WAJEEH MIRZA V. SECRETARY OF STATE FOR INDIA IN COUNCIL [REFERRED . (PARA 32) NUSSERWANJEE PESTONJEE V. MEER MYNOODEEN KHAN WULLUD MEER SUDROODEEN KHAN BAHAD]
COLLECTOR OF BOMBAY VS. NUSSERWANJI RATTANJI MISTRI [REFERRED . (PARA 13)]
KOTHAMASU KANAKARATHANIMA VS. STATE OF ANDHRA PRADESH [REFERRED]
G H GRANT VS. STATE OF BIHAR [REFERRED . (PARA 13)]
STATE OF MAHARASHTRA VS. SANT JOGINDER SINGH KISHAN SINGH [REFERRED . (PARA 29)]
SCINDIA EMPLOYEES UNION VS. STATE OF MAHARASHTRA [REFERRED . (PARA 27)]
SECRETARY OF STATE VS. NARAIN KHANNA [REFERRED . (PARA 29)]



Cited Judgements :-

GIRISHCHANDRA MAHENDRAPRASAD PATHAK VS. THE COLLECTOR, VADODARA [LAWS(GJH)-2021-3-361] [REFERRED TO]
Special Land Acquisition Officer, Hidkal Dam Project VS. Sri L.B. Desai, by his Power of Attorney Holder, Sri. Shankarlinganna Kiwad, Basavaprabhu Lakhamagouda Sardesai, S/o Shri Lakhamagouda Basavprabhu Sardesai, Shankaragouda Lakhamagouda Sard [LAWS(KAR)-2008-8-77] [REFERRED TO]
REKHA D SHETTY VS. STATE OF KARNATAKA [LAWS(KAR)-2008-10-42] [REFERRED TO]
U CHANDRAN S/O KANARAN VS. GOVERNMENT OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA [LAWS(KER)-2017-12-127] [REFERRED TO]
THAYYIL KUNHIMOHAMMED HAJI VS. DARUL HUDA ISLAMIC ACADEMY [LAWS(KER)-2007-12-8] [REFERRED TO]
VASANTHI SWAPNA V SHAH VS. COMPETENT AUTHORITY AND SPECIAL DISTRICT [LAWS(MAD)-2010-10-301] [REFERRED TO]
KRISHAN GOPAL VS. MEHAR SINGH [LAWS(HPH)-2014-7-102] [REFERRED TO]
AMAR SINGH VS. SHIV DUTT AND ORS. [LAWS(HPH)-2014-7-245] [REFERRED TO]
MAHADEO SHRIPAD DEO ... VS. PURUSHOTTAM SHRIPAD DEO & ORS [LAWS(BOM)-2017-12-111] [REFERRED TO]
RAM KUMAR RAJPUT AND OTHERS VS. STATE OF CHHATTISGARH AND OTHERS [LAWS(CHH)-2014-8-52] [REFERRED]
BEERABOINA ANJANEYULU VS. SPECIAL DEPUTY COLLECTOR [LAWS(APH)-2010-10-46] [REFERRED TO]
K NOORUDDIN VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2009-10-5] [REFERRED TO]
TATA COMMUNICATIONS LIMITED VS. UNION OF INDIA THR LAND ACQUISITION COLLECTOR & ANR [LAWS(DLH)-2018-2-393] [REFERRED TO]
THE PRINCIPAL ST. MARYS SCHOOL & ANR. VS. RAJENDRA PRATAP SINGH & ORS. [LAWS(DLH)-2016-11-86] [REFERRED TO]
SHIV NATH SINGH YADAVA VS. ASSISTANT COLLECTOR (GRADE I)/SUB DIVISIONAL MAGISTRATE AND OTHERS [LAWS(ALL)-2010-8-394] [REFERRED TO]
BABA BHARAT LAL VS. STATE OF U P THROUGH SECRETARY DEPARTMENT OF URBAN [LAWS(ALL)-2012-4-100] [REFERRED TO]
PARASH NATH AGARWAL VS. STATE OF U P [LAWS(ALL)-2012-4-166] [REFERRED TO]
SHASHI AGARWAL VS. STATE OF U P [LAWS(ALL)-2011-9-86] [REFERRED TO]
VINOD KUMAR VS. DISTRICT MAGISTRATE MAU [LAWS(SC)-2023-7-21] [REFERRED TO]
N RAJARAMAN DIED VS. SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE [LAWS(MAD)-2007-1-466] [REFERRED TO]
ABHISHEK GUPTA VS. STATE OF HARYANA [LAWS(P&H)-2008-7-78] [REFERRED TO]
DELHI ADMINISTRATION VS. MADAN LAL NANGIA [LAWS(SC)-2003-10-75] [REFERRED TO]
CH. VIDYA BHUSHAN (DIED) THROUGH HIS LRS AND OTHERS VS. HARYANA STATE THOUGH THE COLLECTOR, KAMAL, AND OTHERS [LAWS(P&H)-2011-11-116] [REFERRED TO]
SATPAL SINGH VS. SUBHASH CHANDER [LAWS(P&H)-2013-7-140] [REFERRED TO]
JUSTICE COOPERATIVE HOUSING SOCIETY LTD. VS. SADASHIV DURGAJI AMBHORE [LAWS(BOM)-2023-1-185] [REFERRED TO]
SAWARMAL AGARWALLA VS. STATE OF ASSAM [LAWS(GAU)-2023-11-62] [REFERRED TO]
UNION OF INDIA VS. MANECKABAI DOSSABHOY [LAWS(BOM)-2007-8-95] [REFERRED TO]
NANAK CHAND VS. UNION OF INDIA THRU SECY & 3 OTHERS [LAWS(ALL)-2016-9-164] [REFERRED]
LAND ACQUISITION OFFICER CUM TAHSILDAR VS. SHARFUDDIN [LAWS(APH)-2003-6-51] [REFERRED TO]
DISTRICT MAGISTRATE VS. SUMITRA DEVI [LAWS(CAL)-2008-9-60] [REFERRED TO]
BENJAMIN H ELIAS VS. OFFICIAL TRUSTEE OF WEST BENGAL [LAWS(CAL)-2006-9-59] [REFERRED TO]
MARY JOHN VS. STATE OF KARNATAKA [LAWS(KAR)-2014-2-4] [REFERRED TO]
MOHD SULTAN KHAN VS. STATE OF J&K [LAWS(J&K)-2014-1-1] [REFERRED TO]
RATTAN LAL VS. STATE OF J & K [LAWS(J&K)-2021-11-21] [REFERRED TO]
JASWANT SINGH VS. THE STATE OF HARYANA [LAWS(P&H)-2007-7-68] [REFERRED TO]
HARI SINGH (DECEASED) THR LRS VS. UNION OF INDIA [LAWS(DLH)-2020-4-26] [REFERRED TO]
TATA COMMUNICATIONS LTD VS. UOI [LAWS(DLH)-2019-11-145] [REFERRED TO]
KRISHNI DEVI AND OTHERS VS. LAND ACQUISITION COLLECTOR AND OTHERS [LAWS(HPH)-2017-12-59] [REFERRED TO]
DISTRICT COLLECTOR VS. SIDDHESWARAN [LAWS(MAD)-2009-7-856] [REFERRED]
SIMACHALA @ SIMACHALA BISOYI VS. SPECIAL LAND ACQUISITION OFFICER [LAWS(ORI)-2009-3-116] [REFERRED TO]
JANYAVULA VENKATA SUBBA RAO VS. DISTRICT COLLECTOR KRISHNA DISTRICT [LAWS(APH)-2009-11-15] [REFERRED TO]
NAGOSHA POCHHA @ NAGOSHA POSHETTY VS. SPECIAL DEPUTY COLLECTOR AND LAND ACQUISITION OFFICER [LAWS(APH)-2014-3-106] [REFERRED TO]
BISHESWAR MAHTO VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-7-53] [REFERRED TO]
KATHURIA PUBLIC SCHOOL AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-4-207] [REFERRED TO]
UNION OF INDIA VS. MOHAMMED MASUD MOHAMMED [LAWS(BOM)-2007-8-57] [REFERRED TO]
ILA CHOWDHURY VS. SHYAMALI DAS [LAWS(CAL)-2005-9-38] [RELIED ON]
LT. GOVERNOR OF DELHI AND ORS. VS. MATWAL CHAND AND ORS. [LAWS(SC)-2015-9-8] [REFERRED TO]
STATE OF UTTAR PRADESH VS. LALJI TANDON [LAWS(SC)-2003-11-63] [REFERRED]
SWAIKA PROPERTIES LTD VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-9-25] [REFERRED TO]
VINOD SHARMA S/O SHRI OMDUTT SHARMA VS. MOTI SON OF GOPAL MALI [LAWS(RAJ)-2019-5-447] [REFERRED TO]
MEDHA BRAT AND ORS. VS. LAND ACQUISITION COLLECTOR (RLY) UNA AND ORS. [LAWS(HPH)-2015-7-87] [REFERRED TO]
ROUSHANARA BEGUM VS. STATE OF ASSAM [LAWS(GAU)-2023-11-63] [REFERRED TO]
ULRICH ANGERER VS. GOA COASTAL ZONE MANAGEMENT AUTHORITY [LAWS(BOM)-2006-1-113] [REFERRED TO]
SCHOOL MANAGEMENT ITL PUBLIC SCHOOL VS. JAI PRAKASH [LAWS(DLH)-2013-7-534] [REFERRED TO]
STATE OF H.P. VS. SATYA PAL [LAWS(HPH)-2004-5-20] [REFERRED TO]
KENDRIYA KARMCHARI SEHKARI GRIH NIRMAN SAMITILTD VS. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY [LAWS(ALL)-2003-8-150] [REFERRED TO]
STATE OF UTTAR PRADESH VS. PRAKASH NARAIN KATJU [LAWS(ALL)-2004-2-192] [REFERRED TO]
GODREJ INDUSTRIES LIMITED VS. STATE OF U P [LAWS(ALL)-2005-9-30] [REFERRED TO]
RAJENDRA SINGH VS. DISTRICT MAGISTRATE RAE BARELI [LAWS(ALL)-2019-9-72] [REFERRED TO]
M. SANTHAIYAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-2-131] [REFERRED TO]
RAMESH CHAND AND ORS. VS. M/S. TANMAY DEVELOPERS PVT. LTD. & ORS. [LAWS(SC)-2017-4-97] [REFERRED TO]
KEDAR NATH YADAV VS. STATE OF WEST BENGAL & ORS. [LAWS(SC)-2016-8-51] [REFERRED TO]
SIMON VS. KERALA STATE [LAWS(KER)-2007-11-56] [REFERRED TO]
MEHER RUSI DALAL VS. UNION OF INDIA [LAWS(SC)-2004-5-5] [REFERRED TO]
SOORARAM PRATAP REDDY VS. DISTRICT COLLECTOR [LAWS(SC)-2008-9-21] [REFERRED TO]
JAYALAKSHMI VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2009-8-85] [REFERRED TO]
SHIKSHA DEVI VS. GAON SABHA RITHALA [LAWS(DLH)-2007-12-112] [REFERRED TO]
N. S. VERLEKAR VS. GOVERNMENT OF GOA, DAMAN AND DIU [LAWS(BOM)-2011-9-179] [REFERRED TO]
SAKHUBAI ALIAS SHAKUNTALA V CHOPDE VS. NATIONAL THERMAL POWER [LAWS(BOM)-2012-3-110] [REFERRED TO]
UNION OF INDIA VS. ADIL SINGH [LAWS(DLH)-2013-1-15] [REFERRED TO]
L.A.C. VS. Rani Rajindera Kumari [LAWS(HPH)-2008-2-13] [REFERRED TO]
MOTI LAL JAIN VS. MUKHTIAR SINGH [LAWS(DLH)-2005-2-95] [REFERRED TO]
PARSI PANCHAYAT VS. STATE OF U.P. [LAWS(ALL)-2019-10-250] [REFERRED TO]
SAUMYA COOPERATIVE HOUSING SOCIETY VS. STATE OF U P [LAWS(ALL)-2018-9-17] [REFERRED TO]
AJEET SINGH AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-12-222] [REFERRED TO]
U P FINANCIAL CORPORATION VS. GOVIND SINGH RAUTELA [LAWS(UTN)-2014-7-27] [REFERRED TO]
MATHEW ENTERPRISES CHENNAI VS. NITHYANANDAM [LAWS(MAD)-2014-8-203] [REFERRED TO]
SHYAMALI DAS VS. ILLA CHOWDHRY [LAWS(SC)-2006-11-148] [REFERRED TO]
SUDHARSAN CHARITABLE TRUST, REPRESENTING PRESIDENT MR. O. ELIA REDDY VS. THE GOVERNMENT OF TAMILNADU [LAWS(MAD)-2018-3-918] [REFERRED TO]
SATLUJ JAL VIDYUT NIGAM VS. RAJ KUMAR RAJINDER SINGH (DEAD) THROUGH LRS & ORS [LAWS(SC)-2018-9-66] [REFERRED TO]
HARISH TANDON VS. STATE OF U P [LAWS(ALL)-2006-3-256] [REFERRED TO]
HARIJAN SEWAK SANGH VS. STATE OF U P [LAWS(ALL)-2009-11-56] [REFERRED TO]
SINGHAL VS. MAHANAGAR TELEPHONE NIGAM LTD [LAWS(BOM)-2005-4-129] [REFERRED TO]
SMT. MURTAZA BANO VS. STATE OF U.P. THRU SECY. REVENUE & 17 ORS. [LAWS(ALL)-2012-2-387] [REFERRED TO]
KONDAKANDLA YADAIAH AND OTHERS VS. STATE OF TELANGANA, REP. BY ITS CHIEF SECRETARY, HYDERABAD AND OTHERS [LAWS(APH)-2017-1-24] [REFERRED TO]
ACHAR SINGH VS. STATE OF H.P. [LAWS(HPH)-2005-9-42] [REFERRED TO]
SHIKHA RANI DEY VS. STATE OF TRIPURA [LAWS(GAU)-2013-3-68] [REFERRED TO]
DALBIR SINGH VS. LAND ACQUISITION COLLECTOR [LAWS(DLH)-2007-2-88] [REFERRED TO]
SOPHY RAJAN VS. LAND ACQUISITION OFFICER AND SPECIAL TAHSILDAR (LA) AND ANOTHER [LAWS(KER)-2014-12-192] [REFERRED]
KRISHNA KUMARI UPPAL VS. UNION OF INDIA [LAWS(DLH)-2005-8-92] [REFERRED TO]
SUDESHNA MUKHERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-3-188] [REFERRED TO]
GIRDHAR DAS MIMANI VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-6-41] [REFERRED TO]
SACHIN GAUTAMSHETH WADVE VS. SDO, KHED, RAJGURU NAGAR DIV., PUNE [LAWS(BOM)-2020-7-144] [REFERRED TO]
SPECIAL L A OFFICER JUNAGARH VS. PRABHABATI MAJHI [LAWS(ORI)-2006-10-3] [REFERRED TO]
M/S SHRI LAXMI NARAYAN BUILDTECH PVT. LTD. VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2018-3-10] [REFERRED TO]
LAXMI NARAYAN BUILDTECH PVT LTD VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2018-3-60] [REFERRED TO]
SURENDRA KUMAR BHATIA VS. KANHAIYA LAL [LAWS(SC)-2009-1-1] [REFERRED TO]
M/S. MASS AWASH PRIVATE LIMITED VS. COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) AND ANOTHER [LAWS(ALL)-2017-7-112] [REFERRED TO]
SHRI SITA RAM JAISWAL AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2016-4-232] [REFERRED]
AJIT SINGH AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2010-8-511] [REFERRED TO]
AKHILESH KUMAR KATIYAR VS. STATE OF U P [LAWS(ALL)-2012-6-25] [REFERRED TO]
NISHIKANTA MONDAL & ORS VS. BASAB CHANDRA MONDAL & ORS [LAWS(CAL)-2012-3-144] [REFERRED]
LAND ACQUISITION OFFICER CUM R VS. MEKALA PANDU [LAWS(APH)-2004-3-78] [REFERRED TO]
NARENDRA KUMAR VS. COLLECTOR [LAWS(ALL)-2004-3-137] [REFERRED TO]
ARUN S/O TRIMBAKRAO LOKARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-6-178] [REFERRED TO]
UNION OF INDIA VS. GUNWANTI DEVI [LAWS(DLH)-2013-5-249] [REFERRED TO]
STATE OF CHHATTISGARH VS. RAIPUR METAL PRODUCTS PRIVATE LIMITED [LAWS(CHH)-2011-1-13] [REFERRED TO]
HALIMABIBI VS. SPECIAL LAND ACQUISITION OFFICER [LAWS(BOM)-2007-8-99] [REFERRED TO]
UNION OF INDIA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-175] [REFERRED TO]
JASWANT KAUR VS. STATE OF PUNJAB [LAWS(P&H)-2012-9-85] [REFERRED TO]
SUSHEELA DEVI VS. STATE OF KARNATAKA [LAWS(KAR)-2003-12-38] [REFERRED TO]
GAUTAMSHETH KISAN WADVE VS. KISAN GANGARAM KALE [LAWS(BOM)-2020-7-150] [REFERRED TO]
D KANNAN VS. DIRECTOR OF PLANNING NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(MAD)-2007-1-446] [REFERRED TO]
PADMAVATHI VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(MAD)-2007-3-152] [REFERRED TO]
JODHA VS. JAIPUR DEVELOPMENT AUTHORITY AND OTHERS [LAWS(RAJ)-2009-7-146] [REFERRED TO]
SHIKHA RANI DEY VS. THE STATE OF TRIPURA AND ORS. [LAWS(TRIP)-2016-3-10] [REFERRED TO]
NARMADA BACHAO ANDOLAN VS. NARMADA HYDROELECTIC DEVELOPMENT CORP [LAWS(MPH)-2006-9-18] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. VICTORY SPINNING MILLS LTD; R THANGAVELU; P S SUNDARAM [LAWS(MAD)-2014-8-331] [REFERRED]
SARASWATI DEVI VS. DELHI DEVT. AUTHORITY [LAWS(SC)-2013-1-75] [REFERRED TO]
PARVEEN MALHOTRA VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2011-3-345] [REFERRED TO]
PROF.VIJAY KUMAR SINGH, PRESIDENT, A.M.COLLEGE TEACHERS ASSOCIATION, GAYA VS. STATE OF BIHAR THROUGH THE CHIEF SECRETARY [LAWS(PAT)-2009-8-40] [REFERRED TO]
AHAD BROTHERS VS. STATE OF M P [LAWS(SC)-2004-11-8] [REFERRED TO]
CHANDRAMOHAN GAUR & ANR VS. JASJEETSINGH & ORS [LAWS(MPH)-2018-1-452] [REFERRED TO]
M. SRIDHAR VS. THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI AND ORS. [LAWS(MAD)-2008-11-418] [REFERRED TO]
K.V.KUNHIMOHAMMED VS. K.V.SHAIKUTTY [LAWS(KER)-2024-3-96] [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER HIDKAL DAM PROJECT HIDKAR HUKKERI TALUK BELGAUM DISTRICT VS. L B DESAI BELGAUM DISTRICT [LAWS(KAR)-2008-8-62] [REFERRED TO]
ASHOK KUMAR PRADUMAN KUMAR ASHOK KUMAR VS. TRADE TAX OFFICER [LAWS(ALL)-2005-9-24] [REFERRED TO]
ALLAHABAD DEVELOPMENT AUTHORITY VS. SAIFUDDIN [LAWS(ALL)-2012-9-156] [REFERRED TO]
JASWANT SUGAR MILLS VS. ADDITIONAL COMMISSIONER, MEERUT & OTHERS [LAWS(ALL)-2019-5-257] [REFERRED TO]
MADAN LAL AHUJA VS. U P STATE AND OTHERS [LAWS(ALL)-2016-5-243] [REFERRED]
GANDHARVA DHANESHWAR PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-8-122] [REFERRED TO]
HAMDARD PUBLIC SCHOOL VS. DIRECTORATE OF EDUCATION [LAWS(DLH)-2013-7-532] [REFERRED TO]
SUNIL S/O RADHESHAM SHUKLA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-7-28] [REFERRED TO]
MAN MOHAN DAS VS. STATE OF TRIPURA [LAWS(GAU)-2004-4-23] [REFERRED TO]
SADANAND VISHNU SHIRGAOKAR VS. STATE OF GOA THROUGH THE SECRETARY [LAWS(BOM)-2006-6-152] [REFERRED TO]


JUDGEMENT

R. C. Lahoti, J. - (1.)The land, which is the matter of controversy in these proceedings, is 36.86 acres area out of the total area of 45.92 acres of land of plot Nos. 4, 5 and 10 appertaining to Khata No. 151 of Village Phulsari, District Lohardaga. Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter the Act for short) was issued on 16-2-1982 for acquiring the said land for the project called Phulsari Sapathi Nala. Declaration under Section 6 of the Act was issued on 25-5-1982. Objections under Section 9 of the Act were filed by the appellant herein. The State through Circle Officer, Kuru filed reply to the objections. On 19-2-1986 the Collector made an award under Section 11 of the Act directing the compensation, as appointed by him, to be paid to Smt. Sharda Devi, the appellant.
(2.)The relevant facts, which are beyond the pale of controversy at this stage and as would set out briefly the history of litigation, may be noticed. According to the appellant, the said land was Gairmajrua Malik land. It was a part of zamindari estate. Before vesting of zamindari, the land was settled by the ex-landlord in the name of one Deo Narain Prasad by means of a registered deed of settlement dated 24-4-1954. It was a raiyati settlement. The appellant purchased the land from the said Deo Narain Prasad through a registered deed of sale dated 7-9-1962. The appellant has developed the land and kept it under cultivation raising the crops. Her name was mutated in the revenue records by the Circle Officer. A correction slip was issued to her in her name. The State realized from her from the very date of vesting, i.e. from 1955 till 1975. The rent receipts were exhibited on record.
(3.)On 18-5-1979, the Circle Officer issued a notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 (Bihar Act XV of 1956) calling upon the appellant to explain why she should not be treated as an encroacher on the land and why her encroachment should not be removed. The notice was issued on the premise that consequent upon vesting of zamindaris, the said land had stood vested in the State of Bihar and was, therefore, public land within the meaning of clause (3) of Section 2 of the Bihar Public Land Encroachment Act, 1956. The appellant filed a Writ Petition in the High Court registered as Civil Writ Jurisdiction Case No. 366 of 1979 (R), laying challenge to the initiation of such proceedings. The counsel for the State made appearance though a written counter affidavit was not filed. The High Court after hearing both the parties, upheld the plea of the appellant that the said land was Gairmajrua Malik and not Gairmajrua Aam land and by virtue of the registered deed of transfer in favour of Deo Narain Prasad, the predecessor-in-title of the appellant, the appellant was justified in claiming that she was raiyat of the land in question and, therefore, could be ejected therefrom only in accordance with the provisions of the Chota Nagar Tenancy Act. Inasmuch as such ejectment is permissible only on specified grounds, none of the which existed in the present case, the notice issued to the appellant was without jurisdiction and liable to be quashed. The High Court by order dated 23-7-1984 allowed the Writ Petition and directed the proceedings initiated against the appellant under the provisions of the Bihar Public Land Encroachment Act, 1956 to be quashed.


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