N.Untwalia and S.Wasiuddin JJ.

1. The petitioners have obtained a rule from the Court against the State of Bihar and two of its Officers to show cause why the notices issued under Section 4 of the Bihar Government Premises (Rent, Recovery and Eviction) Act, 1956 (Bihar Act 20 of 1956) (hereinafter called the Act) be not quashed and why the respondents be not restrained from interfering with the title and possession of the petitioner in respect of plot Nos. 4236 and 4248 situated in the town of Saharsa, Cause has been shown by learned Standing Counsel No. 2 on behalf of the respondents. A Counter affidavit has also been filed.

2. The petitioners case is that they have built two storeyed pucca buildings in plot Nos. 4236 and 4248 which are their tenancy lands. The impugned notices issued under Section 4 of the Act were received by them on 5-7-1968 informing them that they had occupied the Government premises in an authorised manner. They were, therefore, directed to vacate the Government premises and on their failure further actions were threatened. The petitioners filed their show cause on 23-7-1968 denying that they were in any unauthorised occupation of Government premises