YADU NATH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of this writ petition, the petitioners have prayed for the following reliefs:-

(2.) The facts of this case, as stated in the writ petition, is that the land appertaining to thana no.140, khata no. 191, plot no.746 situated at Mouza - Manikpur, Kurtha Block, District-Arwal belongs to the petitioners as they have inherited the property from their ancestors and over the said land the petitioners used to organize the cattle fair after obtaining license from the competent authority and also used to collect fee/tolls from the intending sellers/buyers, who used to participate in the said cattle fair. After vesting of Zamindari, some dispute arose between the ancestors of the petitioners and the State Government as to who will collect fee/tolls from the said cattle fair. Ultimately, the then Additional Collector, Jehanabad vide his letter dtd. 11/5/1967 directed the S.D.O., Jehanabad to take possession of several plots including the land in question. Therefore, the ancestors of the petitioners and some other persons filed Title Suit No. 54 1958 before the Additional Munsif- III, Gaya, challenging the order passed by the then Additional Collector, Jehanabad and for grant of permanent injunction. The said suit was allowed vide judgment dtd. 22/1/1958 and decree dtd. 2/2/1959. However, the State Government did not file any appeal against the said judgment and decree. Thereafter, the ancestors of the petitioners started holding cattle fair over the said land including the land in question.

(3.) According to the petitioners in the year 1998, the local Karamchari and the officers of the Market Committee threatened the ancestors of the petitioners that the land in question will be settled with public for holding cattle fair and therefore, the ancestors of the petitioners and others filed Title Suit No. 03 of 1998/33 of 1999 before the Additional Munsif-I, Jehanabad praying therein that the defendants i.e. the State Government and Market Committee be permanently restrained from settling the suit land with anybody for the purpose of holding cattle fair. As the respondents did not grant license for holding the cattle fair over the land in question, the ancestors of the petitioners filed a writ petition being C.W.J.C. No.4491 of 1999. The order dtd. 27/8/1999 passed in C.W.J.C. No.4491 of 1999 reads as under:-