P.P. Bhatt, J. - (1.) Learned Counsel for the Petitioners approached this Court by filing W.P.(C) No. 5244 of 2005 and W.P.(C) No. 5918 of 2005 challenging the order No. 839 dated 31.08.2005 issued by Deputy Development Commissioner -cum -Chief Executive Officer, District Board, Dhanbad intimating them that they had encroached on the public land.
(2.) The learned Single Judge in impugned order dated 11.07.2011 passed in W.P.(C) No. 1932 of 2011 took note of this fact that this Court had already declined to grant any relief and recorded a finding that right and title claimed by the Petitioner could not be decided in the writ petitions and also that aggrieved party may move to get their claim decided by a competent authority or Civil Court of competent jurisdiction. Even after noticing this fact, in impugned orders the learned Single Judge has proceeded to make several observations against the writ Petitioners, prejudicing the merit of even Civil Suit which has been filed after the decision in the writ petitions being W.P.(C) No. 5244 of 2005 and W.P.(C) No. 5918 of 2005.
(3.) Learned Counsel for the Respondents submitted that the Appellants -petitioners themselves even after filing of the Civil Suit approached this Court and invited the finding against them which finding has been recorded by this Court in view of evidence produced non -else than by the Petitioners.;