KAMTA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellants' writ petition was disposed of by the learned Single Judge of the High Court with the observations that since the writ petition involved disputed question of title, the appellants may approach the Civil Court for appropriate relief. Unfortunately, the appellants filed an L. P. A. against the judgment of the Single Judge. The learned Judges dismissed the L. P. A. with a positive finding on the question of title which, in the circumstances of the case, could not have been recorded unless full evidence was brought on record.

(3.) Consequently, we allow this appeal at the initial stage, as the respondents are represented before us and we have heard their counsel. The order passed by the Division Bench is set aside and the appellants are directed to seek their remedy in the Civil Court in respect of the property in question, if they are so advised.