IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.252 of 2008 DILIP SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- For the appellants : Mr. Keshav Shrivastava, Senior Advocate Mr. Ranjeet Kumar Singh, Advocate For the respondents No.1 to 7 : Mr. Dhirendra Kumar, Junior Counsel to Standing Counsel-V ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 23rd July, 2008. During the course of motion hearing, it was accepted by the senior counsel that at the time of construction of ‘Samudayik Bhawan’ at subject site, there was not even whisper of objection on the part of the appellants. However, his submission is that the appellants do not reside in the State of Bihar. During the time, construction of Samudayik Bhawan was started and completed, female members were residing at site and they had no courage to object to the construction of Samudayik Bhawan. 2. We are afraid, the explanation hardly merits acceptance by us. Surely, the construction of Samudayik Bhawan was not completed overnight. It took couple of months. If there was any - 2 - unauthorised activity on the subject land by Mukhiya or other functionaries of the local authority or the State functionaries, the immediate resistance would have been there at the instance of the appellants or their family members. Since there was no resistance on the part of the appellants, it can safely be assumed that construction of Samudayik Bhawan was started and completed with the consent of the appellants or their family members. 3. That the police outpost is situate in Samudayik Bhawan is not in dispute. The circumstances, thus, hardly warrant invocation of extraordinary jurisdiction by this court. 4. Moreover, it transpires that there is a serious dispute about the title of the property which cannot be gone into in high prerogative jurisdiction of this court. 5. Dismissal of writ petition, in the circumstances, by the Single Judge cannot be faulted. 6. LPA is dismissed in limine. R.M. Lodha, CJ Kishore K. Mandal, J. sunil