ANANDI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON the subject plot of land the petitioners constructed certain shops. It was contended on behalf of the State that the petitioners have encroached upon the said plot of land and after encroachment they have constructed the shop in question. Accordingly, steps were taken under the Land Encroachment Act. In terms of the said Act an order was passed on 4th October, 1983. The petitioners challenged the validity of the said order by filing C.W.J.C. No. 6007 of 1983. By a judgment and order dated 26th September, 1995 a learned Single Judge of this court allowed the writ petition and quashed the said order dated 4th October, 1983. While setting aside the said order the learned Single Judge directed as follows: "However, it will be open to the authorities to move before the appropriate court of law for deciding the title first, and thereby to take any decision, in accordance with law."

(2.) AN appeal filed against the said judgment and order was withdrawn.

(3.) SUBSEQUENT thereto, once again the petitioners approached the court by filing yet another writ petition and contended that the respondents in C.W.J.C. No. 6007 of 1983, without approaching a court of law and without obtaining any decision therefrom on the title to the land in question, have taken steps to demolish the concerned shops. The State -respondents filed a counter -affidavit to the said writ petition and therein contended that they have not touched the shops in question. The petitioners thereupon withdrew the said writ petition.