KRISHNA CHANDRA SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioners have sought issuance of direction upon the respondents for restraining them to interfere in the petitioners' possession over the Plot Nos. 2770 & 2771 of Khata No. 2 having area of 39 decimals as they have proceeded to make construction over the land belonging to the petitioners.

(2.) These petitioners had earlier came before this Court in CWJC No. 2826/1997 (R) Ed.-- with a prayer that land belonging to the petitioners has been shown as surplus land by issuance of notification published under Section 15(1) of Bihar Land Reforms (Fixation of Ceiling Area & Acquisition of Surplus Land) Act, 1961. The said writ petition was, however, dismissed by learned single Judge against which the petitioner had preferred Letters Patent Appeal being L.P.A. No. 441 of 2005, which was heard and disposed of vide order dated 26.4.2007 with the following terms, which is quoted hereinbelow:--

(3.) According to the petitioners, they represented before the Deputy Commissioner as per the direction passed in the L.P.A. No. 441 of 2005. However, the petitioners have made categorical statement in para-22 of the instant writ petition that the Deputy Commissioner has not disposed of the said application till date while the respondents have started taking steps for construction of building over the petitioners' land, which is in violation of direction passed in the said L.P.A.