1 CIVIL WRIT JURISDICTION CASE No.299 OF 1994 ---- In the matter of an application under Articles 226 and 227 of the Constitution. --- BAIJ NATH PRASAD PODDAR, son of late Karu Poddar, resident of Gajipur (Urdu Chowk), P.S. Tarapur, District Munger-----Petitioner Versus 1. THE STATE OF BIHAR 2. The Collector, Munger, District Munger 3. The Sub-Divisional Officer, Kharagpur, District Munger 4. The Deputy Collector, Land Reforms, Kharagpur, District Munger 5. The Anchal Adhikari, Tarapur, District Munger 6. Superintending Engineer, Road, Bhagalpur 7. Executive Engineer, P.W.D., Munger 8. Sub Divisional Officer, P.W.D. (Road),Tarapur 9. Overseer, P.W.D. (Road) Tarapur------------------Respondents --- For The Petitioner :M/S Ranjan Kr.Jha,Advocate Indrajeet Jha, Advocate For the Respondent State :Mr.Deepak Kumar,A.C.to GP 16 --- P R E S E N T HON'BLE MR. JUSTICE RAMESH KUMAR DATTA R.K.Datta,J. Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner had come to this Court originally for quashing the order dated 28.12.1993 (Annexure-8/1) passed by the Deputy Collector, Land Reforms, Kharagpur by which he had held that the petitioner has encroached 1-1/4 decimals of land of Mouja Gajipur, Thana No.191, Khata No. 1, Khesra No.752, area 73 decimals which was the land acquired by the Block authorities. 2 3. While the writ petition was admitted for hearing on 11.2.1994 this Court had stayed the operation of the said order. 4. Subsequently, the petitioner filed a supplementary application on 27.8.1996 for amendment of the writ petition for adding four officers of the Public Works Department as party respondents and for a direction to restrain them from taking any action for demolishing the house of the petitioner situated in Mouja Gajipur, Plot No. 752. The amendment was sought in view of the facts stated in the supplementary petition that during the pendency of the writ petition an appeal being Appeal Case No.33/1993-94 was filed by the petitioner which was heard and finally decided in favour of the petitioner by order dated 28.8.1995 of the Additional Collector, Munger wherein he held that no encroachment has been made by the petitioner rather he has left five karis of land outside the southern wall of his house. 5. The said supplementary petition was allowed by this Court by order dated 2.9.1996 and liberty was granted to the added respondents to file counter affidavit to the supplementary petition as also the main writ petition. No such counter affidavit has been filed as yet. 3 6. In the above circumstances, the writ application is disposed of with a direction to the respondents not to interfere with the possession of the petitioner over his house situated in Plot No.752 of Mouja Gajipur in terms of the order dated 28.8.1995 passed by the Additional Collector, Munger in Appeal Case No. 33/1993-94. (Ramesh Kumar Datta,J.) PATNA HIGH COURT 13th day of April, 2010 Spal/ N.A.F.R.