GANGA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is before this Court challenging the orders as contained in Annexures 7, 9 and 10 wherein the petitioners have been held to be encroachers upon the land belonging to the Bihar State Housing Board and a direction has been issued to remove the encroachment by demolishing the construction.

(3.) IT appears that the matter was first instituted against Saryu Kumar Mahto and after finding that he had expired, the petitioner, namely, Ganga Devi and Nandu Lal were substituted in his place and notices were served upon them. After receiving the notice they filed their reply and submitted that they had made an application for allotment of certain land with permission to raise construction and as the application was not rejected in accordance with Section 78 of the Bihar State Housing Board Act, 1982 (in short "the Act"), the petitioners were justified in making the construction.