IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5188 of 2005 BHAVESH KUMAR SINHA & ORS Versus THE STATE OF BIHAR & ORS CWJC No. 15761 of 2007 Kailash Mandal & ors. V. The State of Bihar & ors. ----------- 4. 19.05.2008 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing on behalf of Respondent no. 5. Learned counsel for the petitioner in CWJC No. 15761 of 2007 is permitted to implead the Sevait of the trust in question as Respondent no. 5 in respect of which learned counsel, Sri Diwakar Upadhyay accepts notice. A copy of the writ petition is stated to have been served on him earlier. In the nature of the order to be passed in both the writ applications after hearing the parties concerned, this Court does not consider it proper to take note of the facts and narrations except to the extent necessary. While the petitioners claim the status of tenants, Respondent no. 5 refutes the same. There has been an earlier land encroachment proceeding no. 7 of 2004-2005 in which statutory authority arrived at the conclusion of tenancy. This order was appealed against by Respondent no.5 when the matter was remanded whereafter fresh orders have been passed by the statutory authority on 1.10.2007 which also acknowledges production of rent receipts. In the nature of the controversy, this Court is satisfied that - 2 - complex issues were involved requiring evidence and the matter would not have been dealt with in a summary manner in a land encroachment proceeding. In that view of the matter, the impugned order dated 1.10.2007 in Land Encroachment Case No. 7 of 2004-2005 is set aside. This shall, however, not prejudice Respondent no. 5 in availing his remedies in accordance with law either in other proceeding or before the Tribunal under the Bihar Religious trust Board Act. Any such application on behalf of Respondent no. 5 before the competent authority shall have to be adjudicated on its own merits in accordance with law. Both the writ applications stand allowed. AKS/ (Navin Sinha, J.)