STATE OF BIHAR Vs. DHIRENDRA KUMAR

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal by special leave arises from the judgment and order dated 7.2.1986 passed by the Patna High Court at Patna in Miscellaneous Appeal No. 16 of 1986. A notification under section 4 (1) of the Land Acquisition Act, 1894 (1 of 1894) (for short 'the Act') was published on 13.2.1957 acquiring the disputed land along with other lands for public purpose, namely construction of the houses by the Housing Board, known as the People's Cooperative House Construction Society Ltd., Patna. The declaration under section 6, was published on 27.3.1957. The possession of the land was taken on 22.3.1957 and the same was given to the Housing Board on the same day. It would appear that several encroachments have been made in the land and unauthorised constructions appear to have been made. Steps were taken by the Housing Board to have the encroachers ejected from those lands. As sequel thereof, it would appear that the respondent laid Title Suit No. 329 of 1985 in the Court of the Subordinate Judge I at Patna and filed an interlocutory application under Order 39, Rule 1 of CPC for ad interim injunction. The Subordinate Judge in his order dated 18.10.1985 found prima facie case with triable issue. Accordingly, injunction was issued, restraining the appellants from dispossessing the respondent till the disposal of the suit without causing any disturbance to the plaintiff's possession and enjoyment of the suit land or demolition of any structure standing thereon. On appeal, it was modified by the High Court, holding that the status quo as on 18.10.1985 shall be maintained. Thus, these appeals by special leave.

(3.) THE injunction granted by the trial Court and confirmed by the High Court are thus illegal. The appeal is, accordingly, allowed and the orders of the Courts below are set aside, but, under the circumstances, without costs.