RAM KAILASH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for the following reliefs as formulated by the plaintiffs/petitioners--

(2.) Learned counsel for the plaintiffs/petitioners states that the order dated 25.07.2017 dismissing their injunction petition in Title Suit No. 110/2016 was challenged in appeal before the learned District Judge, Samastipur in Civil Misc. Appeal No.24/2017. During the pendency of the said appeal, the Additional Collector, Samastipur, acting wholly without jurisdiction, passed the order dated 27.11.2018 directing the S.D.P.O., Patori and Officer-in- charge, Patori to ensure raising of boundary wall over the disputed land in favour of respondent no.10. Such action was challenged before this Court in CWJC No. 2230 of 2019 which was disposed of by order dated 07.02.2019 holding, inter alia, that no direction could be issued, undoing something which had been done at the instance of the Additional Collector, as alleged. However, the plaintiffs/petitioners were granted liberty to pursue their case before the court below.

(3.) Learned counsel for the plaintiffs/petitioners fairly accepts that through sheer inadvertence, appropriate petition before the learned District judge was not filed, rather only some documents were furnished.