CIVIL WRIT JURISDICTION CASE No.2411 OF 1994 ------ A K Tripathi, J. In the matter of an application under Articles 226 and 227 of the Constitution of India. ----- Bishnu Madhab Prasad @ Bishnu Prasad Modi and another ……………… Petitioners Versus The State of Bihar & others …………….. Respondents For the petitioners: M/S. Arun Prasad Ambashtha and Ravindra Kumar Choudhary. For the State : Mr. Subodh Kumar Barnwal, JC to GP 16 ------ P R E S E N T THE HON`BLE MR. JUSTICE AJAY KUMAR TRIPATHI Petitioners filed the present writ application because without any proper adjudication or order an effort was made to demolish the residential house of the petitioners by the respondent authorities. When the writ application was taken up for admission order of stay was granted on 9.3.1994. Notices had been issued to the respondents but they have chosen not to appear. 2. Submission of the learned counsel for the petitioners is that the lands in question are ancestral in nature and raiyati in character. Houses have been built on the said lands and they have been paying taxes and rent for many a years extending from generation to generation. However, in the year 1986, notice was issued for initiation of a proceeding under Bihar Public Land Encroachment Act. Petitioners filed their show cause but nothing came to be done in the matter. However, all of a sudden marking was put for demolition. It was apprehended threat that brought the - 2 - petitioners to Court. 3. Since no counter affidavit has been field by the respondents and nothing has been done by them in all these years due to the restraint orders, the Court only observes that no coercive action will be taken against the petitioners unless a proper proceeding is initiated under the law after giving the opportunity to the petitioners if the respondents are still interested in taking some action in this regard. The writ application stands allowed with the above observation. (Ajay Kumar Tripathi, J) Patna High Court: The 18th December, 2008. (NAFR) R K Pathak.