TARA KUER Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application under Article 226 of the Constitution of India has been filed challenging the order dated 15.5.1992 (Annexuree-2) passed in Encroachment Case No. 57 of 1991-1992 (State of Bihar Vs. Brija Singh) by the Circle Officer ( Anchal Adhikari), Rafiganj, whereby and whereunder the Circle Officer, while holding that the writ petitioners have encroached upon a public land having nature of "Bhind" (embanked ground around a tank) by making temporary/permanent construction has directed the petitioners to remove the encroachment within fifteen days from the date of the order, failing which they would be liable for appropriate action under various statutory provisions. The appeal preferred against the order of the Circle Officer dated 15.5.1992 (Annexure-2) was dismissed by the District Magistrate-cumCollector, Aurangabad in Appeal Case No. 9 of 1992, by the order dated 8.12.1992 (Annexure-3) which is also under challenge in the present writ application.

(2.) The disputed lands, as per the statement made in the writ petition are Plot No. 891 ( Area 4 1/4 decimals) and plot No. 1098 ( Area 1 1/2 decimals and 10 1/4 decimals) situate at villageKhadwan P.S. Rafiganj, Dist- Aurangabad.

(3.) This writ application was filed on 4.2.1993 and vide order dated 8.2.1993 passed in this case, status-quo in relation to the lands in question was directed to be maintained. The application was admitted on 29.3.1993 with an order that the interim order passed in this case shall continue. During the pendency of the writ application petitioner no.1 Bangali Prasad Singh died, leaving behind his wife and three sons who have been substituted in place of Late Bangali Prasad Singh.