SRI 108 SHYAMAJEE Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This Intra-Court Appeal is arises against the order dated 29.06.2010, passed by learned Single Judge of this Court in C.W.J.C. No. 236/1994, by which the writ petition was virtually dismissed as against the encroachment proceeding, directing the writ petitioner/appellant to move the Civil Court. The learned Single Judge held that there were serious disputes with regard to question of title.

(2.) We have heard Sri Ram Suresh Roy, learned Senior Counsel for the writ petitioner/appellant and Mrs. Nivedita Nirvikar, G.A.10 for the State.

(3.) Though, prima facie, facts appeared to be complicated, certain issues are not in dispute. It is not in dispute that writ petitioner/appellant is an endowment to deity and had received settlement of substantial lands from the then Maharaja of Darbhanga, Sri Kameshwar Singh. The case of the writ petitioner/appellant was that this endowment having been made, the deity was in possession of the land in question. A notice was issued to the appellant/writ petitioner by District Administration alleging that there was an encroachment of public land. It was alleged that earlier, in respect of the said land, State had sought to charge land revenue which was contested in a civil suit, and it was held that it was a homestead land and not an agricultural land. State was a party to the said suit and these lands were part of the suit land.