KAMTA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners seek to challenge an order dated 24.3.1987 passed by the Housing Minister of the State Government in Appeal no. 11 of 1984 filed before him under section 60 of the Bihar State Housing Board Act. The appeal was filed by the Housing. Board against an order, dated 10.12.1983 case no.23 of 1983 in a proceeding under section 59 (i) (b) of the Act. By the impugned order the appeal was allowed, the order passed by the competent authority was set aside and the petitioners were directed to be evicted from a piece of land on which they are living after constructing a house.

(2.) THE subject matter of dispute is a piece of land forming part of plot no. 313 and situate at village Bahadurpur, Police station Sultanganj in the town of Patna. The area in dispute is 150 Square metres (15 metres x 10 meters) over which the house of the petitioners is constructed.

(3.) THE Board accordingly, filed a petition under section 59 (i) (b) of the Act before the Executive Magistrate Patnacity asking for her eviction from the disputed land. The ' petition filed by the Board was recorded in the docket of the Executive Magistrate as Case no.23 of 1983.