DISTRICT BOARD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is barred by limitation.

(2.) AFTER hearing learned counsel for the parties and taking into consideration the averments made in the limitation petition, the delay in filing this appeal is condoned.

(3.) IT appears from the record that the proceeding under the Land Encroachment Act was initiated against respondent no. 7 and the Collector by order dated 29.3.1997 passed in Encroachment Case No. R.M. 51 of 1996. -97, as contained in Annexure -4 ordered for removal of encroachment against which the respondent no. 7 filed appeal under the provisions of Land Encroachment Act before the Commissioner which has been allowed. It appears that in the meantime, respondents no. 8 and 9, sons of respondent no. 7 filed Title Suit No. 87 of 1997 for declaration of title over the land in dispute and for grant of permanent injunction against the respondents -State and in that case order of injunction has been granted against the State of Bihar. According to the plaintiffs, structures over part of the disputed land were removed by the State Officials. Thereafter, the court below passed order of injunction in mandatory form for restoration of status quo. Copies of both the orders have been annexed as Annexures -15 and 16.