- (1.) HEARD the parties.
(2.) CHALLENGE in this writ application is the order dated 2.11.1999 passed by respondent No. 2 in Misc. Case No. 21/98 which was initiated on the petition filed by the petitioner pursuant to the order passed by the High Court in the writ application being C.W.J.C. No. 3338 of 1999(R) with C. W.J.C. No. 3334 of 1999(R). The dispute in this writ application is in respect of a piece of land appertaining to Plot Nos. 6873 and 6882 under Khata Nos. 197 and 577 in Mouza -Chas which was originally recorded in the name of Yatindra Nath Mishra who sold the same to Bibhuti Prasad on 12.4.1938 and the petitioner is the transferee of a portion of the said land from the earlier holder.
(3.) EARLIER , the petitioner had entertained apprehensions that the respondents - State authorities would dispossess the petitioner from the land in view of the fact that the concerned authorities had sought to take measurement of the petitioner's land. Expressing his apprehension, the petitioner filed writ application before this court vide C.W.J.C. No. 2838 of 1996(R). The writ application was disposed of with' a direction to the respondents to ascertain the facts first about the encroachment made, if any, by the petitioner on public land and in case it is determined by the authorities concerned after due notice to the petitioner that the structure or a portion of the structure is on public land, they shall be at liberty to proceed in the matter in accordance with law. ;