MD. MAHBUB Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal arises out of an order dated 11.07.2014 passed by the learned Single Judge of this Court in CWJC No. 2153/2005 by which the learned Single Judge having discussed the facts and the issues involved in the present case reached to a conclusion that the disputed plots being still in possession of the Circle Officer, Mahua as receiver under Section 146 of the Code of Criminal Procedure, he is legally bound to hand over possession of the plots to the petitioners in accordance with law but unfortunately the concerned receiver has failed to do so. In the given circumstance the learned Single Judge has directed respondents no. 2, 3 and 4, who are District Magistrate, Superintendent of Police and Circle Officer, Mahua, to take effective steps to restore the possession of petitioners over the plots in question within two weeks from the date of receipt/production of a copy of the order.

(2.) The learned Single Judge having found that on the earlier occasion not only the Sub Divisional Magistrate, Mahua, Vaishali but also other concerned officials refused to give any assistance to the petitioner to get possession of the plots which was a clear indication of failure of administration also directed by the impugned order that any failure on the part of the concerned respondents in implementation of the order within the period, as fixed by the Court, shall entail the State to pay a compensation of Rs. 20,000/- to the petitioners and the petitioners shall be at liberty to seek appropriate remedy before the appropriate forum, regarding non-implementation of the order.

(3.) The private respondent no. 7, who despite service of notice in the Writ Application did not turn up to contest the writ, is in appeal before us and is assailing the order passed by the learned Single Judge on the ground inter alia that it is an ex parte order and the writ petitioner concealed before the learned Single Judge that a Title Suit bearing no. 215/2004 in respect of the disputed plots was going on in the court of learned Sub Judge I, Hajipur for a declaration that the land in question is a part of Imambara/Kabristan/Karbala etc., throughout used by the local Muslims.