However, on the basis of said settlement when the petitioner has started construction over the plot, on the objection raised by one Sader Seikh and Archana Singh Revenue Misc. Case No. 03/11-12 was filed before the Court of Circle Officer, Maheshpur stating that the land in question was recorded as Rasta. The Circle Officer, Maheshpur after considering all the documents submitted by both the parties did not pass any order and sent the record before the Court of Deputy Collector Land Reforms, Pakur vide order dated 25.06.2015, where the case was re-numbered as Revenue Misc. Case No. 05/17-18 and the Deputy Collector Land Reforms, Pakur vide order 20.02.2018 declared that the objection raised by Sader Seikh and Archana Singh is not maintainable. But, again the son of Sadar Seikh, namely Afroz Ali respondent no. 5 herein made an application in the Court of Circle Officer, Maheshpur and raised the same objection which his father had earlier raised in Revenue Misc. Case No. 03/11-12. Pursuant thereto, the Circle Officer, Maheshpur vide memo dated 26.09.2018 issued notice to the petitioner to submit reply treating the petitioner to be encroacher, and direction was given to the petitioner to stop construction over the plot in question. Pursuant thereto, the petitioner submitted reply dated 26.09.2018 to the Circle Officer, Maheshpur. Learned counsel for the petitioner further submitted that earlier objection was raised by father of respondent no. 5 but when no relief was granted this time his son, respondent no. 5 herein has raised objection, which is not sustainable in law.
