DHANPATI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners seek quashing of the order dated 30.7.1996 passed by the Additional Collector, Madhubani, passed in Appeal No. 254 of 1986-87 under the Bihar Public Land Encroachment Act by which order he confirmed the order of the Anchal Adhikari, Rahika.

(2.) THE final order was passed under Section 6 of the said Act by the S.D.O. on 17.11.1986 holding that Plot No. 2061 is Gairmazarua Aam land and Plot No. 2091 is a graveyard used by the Muslim community. THE petitioners preferred an Appeal against the said order which was dismissed for reasons of limitation. THE petitioners then came before this Court and the matter was reopened on the direction of this Court by an order dated 21.4.1993 by which this Court directed the Additional Collector to hear the Appeal on merits. THEreafter, the matter was heard in Appeal but the case once again decided against the petitioners.

(3.) HOWEVER, it will be open to the petitioners, if they are parties in the Title Suit, to pursue their remedies with regard to the Plot No. 2091 and the same shall be concluded expeditiously.