1. This writ application is directed against order dated 28-8-1990 passed in Case No. 3 of 1989-90 by respondent No. 3, whereby and whereunder respondent No. 3 has passed final order under Sec. 6 of the Bihar Land Encroachment Act, 1956 (hereinafter to be referred to as "Act") directing the petitioner to vacate the land in question within 15 days from the date of order.

2. Short facts giving rise to this application are as follows :-

Upon a public petition a proceeding under Sec. 3 of the Act was initiated against the petitioner and notice was issued to him to raise his defence. The petitioner pursuant to the notice issued under Sec. 3 of the Act appeared before the Collector under the Act and in the proceeding parties were heard and the petitioner in the proceeding had raised question of title with regard to the land in question of khata Nos. 237, 990 and 1050, appertaining to khasara Nos. 2258, 2256 and 2257, situate in the town of Ara. The petitioner contended before the Collector that the lands in question were settled in grant by the Crown land holder prior to 1925 free of rent in the names of Abdul Quadir, Rashid Ahmad, Mst. Bibi Zainal, Mst. Bibi Aisa and others.

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