BHUVANESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER the writ petition was filed on 11th January, 1994, it came up for admission on 21st January, 1994 and a Division Bench of this Court in the presence of the learned lawyer appearing for the State respondent gave three weeks time to the Government Pleader No. 1 to seek instructions and file counter -affidavit so that the application may be disposed of at the stage of admission itself and directed the parties to maintain status quo as of that date in respect of the disputed land/house in question.

(2.) THEREAFTER the matter had been appearing before the Division Bench of the Court on several dates. The mater appeared on 18 -2 -1994, 25 -3 -1994, 29 -4 -1994 and on all those dates time was given to the respondents' Counsel to file the counter affidavit but it was never filed.

(3.) THE case as made out in the writ petition is that by a registered deed of lease dated 3 -10 -1950 executed by the Executive Engineer, Purnea Division, some portion of land measuring about 0.22 acres, namely, part of plot No. 637, village Sundrayam Dilwarganj, pargana Surjapur, Tauzi No. 7, Thana No. 10, Police Station Kishanganj was given to the father of the petitioner on the yearly rental of Rs. 120/ - initially for a period of five years with provision for extension of the said period from time to time.