SHIV CHANDRA PURVEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the counsel appearing for the respondent No. 6.

(2.) This application has been filed by the petitioners for quashing the order dated "3.7.2002, passed by the Subdivisional Officer, Jhanjharpur in Misc. Case No. 1/2002. This Misc. case was initiated on an application filed by the petitioners themselves with a prayer that the boundary of plot Nos. 1213, 1214 and 1219 should be demarcated on the basis of the possession of the parties taking into consideration the judgment and decree passed in Title Suit No. 8/57, Title Appeal No. 195 of 1953, Title Suit No. 25 of 1986 as well as Title Appeal No. 75 of 1996, of 2002.

(3.) By the impugned order the SDO Jhanjharpur taking into consideration the judgment and decree passed in different suits and appeals has directed to demarcate the land under dispute on the basis of the possession of the parties as well as the finding recorded in the title suit. Since the petitioners did not succeed in their plan they had filed this writ application. Petitioners have challenged this order on the ground that even if the petitioners wrongly invoked the jurisdiction by filing their case, the SDO cannot be vested with the power of Executing Court merely by filing an application by the petitioners. The order impugned indicates that the SDO has exercised jurisdiction of an executing Court and has executed the order passed by the Civil Court in the title suits and appeals.