GH. HASSAN MALLA Vs. STATE & ORS.

JUDGEMENT

(1.) By the medium of instant petition, petitioner seeks a writ of mandamus in the name of respondents 1 to 5 to the effect that immediate and effective steps are taken to stop encroachment on "Kahcharai Land" falling under Survey No. 628 situated at Turkawangam and respondents 6 to 8 be restrained from raising construction on the said "Kahcharai Land' Petitioner has also prayed for a writ of prohibition to the effect that respondents 6 to 8 be restrained from encroaching upon the "Kahcharai Land" under survey no. 628 and from raising any construction on the said land.

(2.) The precise case of the petitioner is that the place petitioner lives at, has, adjacent to it, a big chunk of "Kahcharai Land" which has been encroached upon by respondents 6 to 8. Petitioner claims to have brought the matter into the notice of respondents 1 to 5 who did not take any action, constraining him to file the instant petition.

(3.) Pursuant to notice respondents appeared and filed reply wherein they admitted the factum of "kahcharai land" having been encroached upon. Besides it is further stated therein that not only the respondents 6 to 8 but the petitioner also has encroached upon the "Kahcharai Land" and that steps are being taken to remove the encroachment. Further it is stated in the reply that respondents 6 to 8 have offered their proprietary land in exchange of the land under occupation which is pending consideration