- (1.) THIS appeal has been preferred against the order dated 9.2.2009 passed by learned Single Judge in W.P.(C) No.6676 of 2002 by which writ petition filed by the petitioner -appellant herein was dismissed and consequently, the order passed under the Bihar Public Land Encroachment Act was upheld.
(2.) IT appears that a proceeding has been initiated against the petitioner -appellant under the Bihar Public Land Encroachment Act which Act has been adopted by the State of Jharkhand also and the competent authorities were pleased to hold that the appellant had encroached upon the Government land. Learned Single Judge, however, refused to entertain the writ petition against which this appeal has been preferred. From the aforesaid fact, it is sufficiently apparent that the petitioner -appellant by way of this appeal is trying to establish his right and title over the suit land which was originally allotted by TISCO but the same cannot be adjudicated by way of an appeal and if the appellant is aggrieved with the order passed by the revisional authority, he obviously will have to approach the competent court by filing a title suit for recover and/or for confirmation of possession of the land in question. If at any point of time, he establishes his right and title to the disputed land and secures a decree in his favour, it goes without saying that the order passed by the quasi juridical authority will not be allowed to stand in his way.
(3.) SUBJECT to the aforesaid observation, the appeal is dismissed.;