1. On 31st January, 2002 the Court had recorded that this Court for its own protection must consider the matter in appeal.

2. On that day it had been pointed out by the appellant through its counsel Dr. Sadanand Jha Senior counsel assisted by Mr. Kishore Kumar Thakur that there has been a glaring concealment of facts in the writ petition and this matter needs to be taken note of by the Court for its own protection regard being had to the fact that writ jurisdiction of the Court must remain clean and pure.

3. Court attention was drawn to paragraph 4 of the counter-affidavit reproduced below :-

"That the statement made in para 1 of the writ application is by way of prayer before this Hon ble Court and as such it needs no comment by the deponent. However it is stated that for the same cause of action and relief the petitioner and others has filed a Title Suit No. 9 of 1999 in the Court of 2nd Munsif Sasaram and the same is pending. The petitioner has further filed an injunction petition which was heard and rejected on 22-9-99. Against the order dated 22-9-99 the petitioner has filed a Misc. Appeal No. 52/99 in the Court of District Judge Rohtas (Sasaram) and the same was also