MD. RAHEES Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the Opposite Party No. 10 and learned counsel for the respondent-State.

(2.) This application under Article 226 of the Constitution of India has been filed by the petitioners for review of the order dated 04.02.2016 passed in C.W.J.C. No. 4063 of 2015, by which the Additional Collector, Darbhanga and the Sub- Divisional Officer, Sadar, Darbhanga, have been directed to act in the matter in accordance with law, keeping in view the observations made and directions given in the order dated 24.11.2015 passed in the case of Sanjay Jha Vs. The State of Bihar and Others, since reported in 2016(1) PLJR 248.

(3.) Learned counsel appearing for the petitioners has submitted that the order under review has been obtained by the Opposite Party No. 10 by playing fraud upon the Court. The Opposite Party No. 10 was fully aware of the fact that Titile Suit No. 76 of 2013 was pending in the Court of Sub-Judge, Darbhanga, in respect of the land in question, but suppressing the said fact the writ petition was filed making a statement that the petitioners are goonda elements and have encroached the public road in collusion with officials. He submitted that deliberately the Opposite Party No. 2 did not implead the petitioners as respondents in C.W.J.C. No. 4063 of 2015. He pleaded that Title Suit No. 76 of 2015 has been filed by the petitioners to declare their title and possession over the land in question and to issue a permanent injunction restraining the defendants not to disturb the petitioners' possession over the suit land and further to hold and declare that the operation of encroachment proceeding with respect to suit land is unwarranted and null and void.