AMIR HASSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner prays to quash (i) the order dated 26-8-1983 passed by the Anchal Adhikari, Darbhanga (Respondent No. 5) in case No. 7 of 1982-83 directing him to remove encroachment from plot No. 6001 of village Loam, Anchal Sadar District Darbhanga (as contained in Annexure-6), (ii) the appellate order dated 3-10-1983 passed by the Additional Collector, Darbhanga in appeal case No. 2 of 1982-83 dismissing his appeal on the ground of limitation (as contained in Annexure-7), (iii) the notice dated 7-11-1983 issued by the Deputy Collector Land Reforms, Darbhanga, (as contained in Annexure-8), (iv) the notice dated 21-11-1983 issued by the Respondent No. 5 (as contained in Annexure-9) asking him to remove the encroachment in question failing which the same shall be removed forcibly, the cost of which shall be recovered from him and that he may be imposed a fine of Rs. 2000/ - or imprisonment for one year and (v) the revisional order dated 27-3-1984 passed by the Commissioner, Darbhanga Division (Respondent No. 2) in Revision Case No. M-115 of 1983 (as contained in Annexure-11). The Petitioner also prays for issuance of a writ of prohibition commanding the Respondents not to interfere with his right, title and possession over the land bearing C.S.P. Nos. 4136, 4083 and 4072 of the aforesaid village save and except in accordance with law.

(2.) This writ application was admitted on 16-5-1984 and by order of that date, the operation of the orders as contained in Annexures 6, 7, 8, 9 and 11 was directed to remain stayed.

(3.) Mr. Vishwanath Prasad Sinha, learned Counsel appearing for the Petitioner, submitted as follows: