IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1534 of 2009 1. SURESH CHOUDHARY SON OF LATE UDHO CHOUDHARY 2. DINESH CHOUDHARY, SON OF LATE MAUJE LAL CHOUDHARY, BOTH ARE RESIDENTS OF VILLAGE- JAYAJPATTI, P.S. & P.O. DALSINGSARAI,-- SAMASTIPUR ........................................ APPELLANTS Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR-CUM- DISTRICT MAGISTRATE,SAMASTIPUR 3. THE CIRCLE OFFICER-CUM- BLOCK DEVELOPMENT OFFICER, DALSINGSARAI, SAMASTIPUR 4. THE SUB-DIVISIONAL MAGISTRATE, DALSINGSARAI, SAMASTIPUR 5. THE UNION OF INDIA THROUGH THE CHAIRMAN, RAILWAY BOARD, RAILWAY BHAWAN, NEW DELHI 6. THE DIVISIONAL RAILWAY MANAGER, EAST CENTRAL RAILWAY, SONEPUR. 7. ADEN (EAST), EASTERN CENTRAL RAILWAY, BARAUNI 8. THE SECTION ENGINEER( WORK/LINE ) EAST, CENTRAL RAILWAY, BARAUNI. 9. THE SUPERINTENDENT( RAILWAYS ), DALSINGSARAI, SAMASTPUR 10. VIR BAHADUR CHOUDHARY, SON OF LATE RAM BARAN CHOUDHARY 11. NARESH CHOUDHARY, SON OF LATE UDHO CHOUDHARY 12. KAUSHAL KISHORE CHOUDHARY, SON OF LATE MAUJE LAL CHOUDHARY RESPONDENTS 10 TO 12 ARE RESIDENTS OF VILLAGE- JAYAJPATTI, P.S. AND PO-DALSINGSARAI, DISTRICT -SAMASTIPUR........................ RESPONDENTS 13 GAURI SHANKAR CHOUDHARY SON OF LATE JAGARNATH CHOUDHARY, RESIDENT OF VILLAGE- JAIJPATTI, P.S. DALSINGSARAI,DISTRICT- SAMASTIPUR ...........INTERVENOR...................... RESPONDENT ------------- FOR THE APPELLANT ;- Mr. Basant Kr. Choudhary, Sr.Advocate FOR RAILWAY ;- Mr. N.K.Agrawal,Sr.Advocate Mr. Sandeep Jha,Advocate FOR THE STATE ;- MR. CHHOTE LAL NR.SINGH,S.C.I MR. MOHAN KR.SINGH,AC TO SCI - 2 - 2 21-12-2009 Heard learned counsel for the appellants, learned counsel for the State and learned counsel appearing for the Union of India. The material issue of law raised on behalf of appellants is the same which was raised before the writ court - whether on account of bona fide dispute over title of the concerned land the respondent- authorities could not proceed under the Bihar Public Land Encroachment Act to take action against the appellants after holding that the land in question belonged to the Railways. On going through the judgment of the writ court, we find that the document showing the land to be of Railways is almost hundred years old and that has been considered in its right perspective. Gaping holes in the claim of title raised by the appellants has also been noticed by the writ court and therefore the writ court has come to an opinion that the claim of title raised by the appellants is not bona fide so as to need interference in the matter and to prohibit proceeding under the Bihar Public Land Encroachment Act. After going through the order of the writ court we - 3 - find no good ground to take a different view in the matter. Hence the appeal is dismissed. It is made clear that we have not given any finding of our own with regard to title over the lands in question. We have been guided by the findings as recorded by the writ court. ( Shiva Kirti Singh,ACJ) ( Jyoti Saran, J) Naresh