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1991 DIGILAW 424 (PAT)

Rameshwar Prasad v. State of Bihar

1991-10-08

B.P.SINGH, OM PRAKASH

body1991
By Court Heard learned counsel for the parties. The petitioners have challenged the notice, Annexure-1, issued by the Anchal Adhikari Giryak, dated 30.8.90, directing the petitioners to remove the alleged encroachment from the plot metioned in the said notice. The case of the petitioners is that they took settlement of the plot of land in question in the year 1938 and that they have been in possession ever since. It is further case of the petitioners that even after vesting the estate of the ex-intermediary they have remained in possession and that they have acquired title by adverse possession. It is not in dispute that the petitioners have filed a Title suit being Title suit no. 8/90 pending in the Court of Munsif, Biharsharif. Having regard to the facts of the case particularly the fact that the petitioners claim title to the lands in question, and a suit is pending in a civil court, it will be appropriate that any action to demolish the constrution on the aforesaid plot should be taken after disposal of the suit. In this view of the matter action pursuant to the impugned notice, Annexure 2 is stated and the respondents are directed not to take any action pursuant to the aforesaid notice till the disposal of the suit aforesaid. Thereafter it will be open to the authority to take action in accordance with law. With the above direction this writ petition is disposed of. Application disposed with observation.