IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.750 of 2010 KAILI DEVI Versus STATE OF BIHAR & ORS ----------- 2 7.10.2010 In the instant writ petition the petitioner prays for a direction to the respondent authorities to restrain the respondent nos.8 to 10 from encroaching the land of the petitioner measuring 1 Katha 4 dhurs and 17 dhurkies bearing Tauzi No.3518, Thana No.348, Khata No.111 and 97 and Khesra No.1019 and 1020 in the district of Begusarai. The petitioner submits that she and her ancestors have been in peaceful possession over the land for more than hundred years. The respondent nos.8 to 10 filed a Title Eviction Suit No.28 of 1987 in the Court of the Munsif I, Begusarai and after hearing the parties the learned Munsif by judgment dated 24.1.2002 and decree dated 7.2.2002 dismissed the aforesaid suit. Being aggrieved by the aforesaid judgment, the respondents filed a Title Appeal No. M.T.A.No.03/2002 which was allowed. Thereafter the petitioner filed Civil Revision No.1659 of 2006 before this court. In the meantime the respondents filed Title Execution Case No.7 of 2006 in the court of the Munsif Ist, Begusarai. The petitioner filed an Interlocutory Application being I.A. No.5969 of 2006 for staying the Title Execution Case No.7 of 2006 and after hearing the parties this court stayed the further proceedings of Execution Case No.7 of 2006 till further 2 KHAN orders. In the meanwhile, two sons of respondent nos.8 and 9 were killed and all the family members of the petitioner have been falsely implicated. Besides this, the shops in the market including the shop of the petitioner were set ablaze, for which Begusarai Town P.C. Case No.384 of 2009 has been instituted. Learned counsel for the petitioner has limited his prayer to the repairing of the shops. After hearing counsel for the parties, this court observes that the petitioner instead of filing the instant writ petition ought to have moved before the appropriate authority for repairing of the shop in question. In case such an application is filed by the petitioner, the authorities concerned would consider the matter in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)