DEV NARAYAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. There is none on behalf of the State, nor has any affidavit, in opposition to the writ application, been filed by the State. The matter relates to the year 1993. When it was taken up a direction for filing counter affidavit was given. It is evident from the record that he State has not bothered to file any counter during pendency of the writ application. Matter, therefore, is disposed off in absence of any assistance from the State, including any kind of opposition from the State.

(2.) AN order, dated 02.04.1981 was passed by the Anchal Adhikari, Salkhua in the district of Saharsa in Encroachment Case No. 68 of 1980-81. Another order, dated 28.10.1993 was passed by the Additional Collector, Saharsa upholding and affirming the order of the Circle Officer. The impugned orders are Annexure-5 and Annexure-11.

(3.) STAND of the petitioner is that this was a land belonging to the ex-landlord. The records indicates this land as Gair Mazaru Khas Malik and was in cultivating possession of the ex-landlord as Bakastha. The ex- landlord had settled this land with the petitioner's fore- father through four Hukumnamas in the year 1936-37 and the receipt had been issued by the ex-landlord through the Court of Wards. Evidence thereof has been brought as annexures to the writ application.