N.K.SINHA
Brij Bihari Pandey – Appellant
Versus
State Of Bihar – Respondent
1. The petitioners in their application under Articles 226 and 227 of the Constitution of India seeks quashing of the order dated 4-3-1992 (Annexure-3) passed by the Joint Director, Consolidation, (respondent No. 3) in revision case No. 20 / 92 giving direction to the Circle Officer, Nawanhgar, (respondent No. 5) for incorporating six decimals of land bearing plot No. 267 in the name of Devidayal Pandey (respondent No. 6) on the ground the order was perverse, illegal and without jurisdiction.
2. The petitioners case is that plot No. 267 having an area of six decimal of Khata No. 93 in village Nokhpur in Buxar district stood accorded in the revisional survey Khatian as "Rasta-Gali" the name of "Anabad Bihar Sarkar". Plot Nos. 265 and 266 being to the petitioners and are adjacent to plot No. 267. The petitioners claim to be using the aforesaid six decimals of land as their Rasta since long. The said Rasta, it is alleged, was illegally and mischievously closed by respondent No. 6 causing hardship to the petitioners and inconvenience to the general public. The petitioners filed an application before respondent No. 5 whereupon an encroachment proceeding case No. I of 1993-94 was
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