1. On 8.1.2010, the writ petition was filed by the petitioners. They alleged that they are in peaceful possession of a piece of land appertaining to Khata No. 112, Plot No. 196, Thana No. 132 at Kishanganj. They are being threatened by the State to be dispossessed. Fearing dispossession in an unlawful manner, they had filed a Title Suit being Title Suit No. 12 of 2009 in the Court of Munsif, Kishanganj asserting their right, title and possession. In respect of the aforesaid lands, a public land encroachment proceeding was initiated against the petitioners for removal of their house from the piece of land allegedly on the ground that that land belongs to the Government and was required for some public project. The notice itself assumed peaceful possession of the petitioners and the house of the petitioners on the land in question. Petitioners filed their show cause stating that the land was settled to them by the ex-landlord who, on abolition of zamindari, filed his returns showing ancestor of petitioners as the raiyat in respect of the said land. State and the authorities were all parties in the suit and had appeared in the suit which was for the same land but even though