RANJAN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, State and other respondents.

(2.) Since all the writ applications involve common question of facts and law and with the consent of the parties, all the writ applications are being disposed of by this common oral judgment.

(3.) This batch of writ applications have chequered history. Earlier, the petitioners have approached this Court against the decision of the respondent Special Officer, Motihari Municipality. The order was interfered by the Writ Court in C.W.J.C. No. 7345 of 1999 on the ground that the order was passed without giving opportunity of hearing. After the order was passed in favour of the petitioners, the matter was examined by the Special Officer, Motihari Municipality and on consideration of the entire materials, the respondent Special Officer came to the conclusion that there is no need to cancel settlement in favour of the petitioners. However, another proceeding with regard to the encroachment over public land was drawn against the petitioners. The Circle Officer, Sadar in encroachment proceeding has come to a conclusion that the petitioners are encroachers. Against the order of the Circle Officer, the petitioners approached this Court in C.W.J.C. No. 5922 of 2010. The writ petition was disposed of with liberty to the petitioners to approach the appropriate authority. The Court granted indulgence to the petitioners to the extent that the delay in filing appeal shall be condoned. After the order of this Court in C.W.J.C. No. 5922 of 2010, the matter was examined by the Collector, East Champaran, Motihari in Encroachment Appeal No. 56 of 2011-12. The Collector dismissed the Encroachment Appeal by detailed order.