Two petitioners have approached the High Court for quashing of the notice, dated 28.02.2007, issued under sub-section (2) of Section–6 of the Bihar Public Land Encroachment Act, 1956, by the Collector, Munger. By virtue of this notice, the petitioners were asked to vacate the encroachment from Plot No. 42 and 43, located in Tauzi No. 1333, P.S. – Kotwali, District – Munger. As per the notice, the land in question is a public land, which has been illegally encroached upon by the petitioners.

2. When the Writ was taken up on 08.03.2007, the Learned Single Judge passed an order of stay based on the submission and circumstances under which the impugned notice came to be issued.

3. As per the petitioners their father Late Bindeshwari Prasad Singh purchased 5 Katha of land with standing structure as per Khas Mahal Measurement equivalent to 3596 sq. ft., having rental of Rs. 4/-, consisting of Jamabandi No. 8, Khas Mahal Khesra No. 42 (part) under Tauzi No. 1333 in Fort Area Munger Municipality.

4. It is the case of the petitioners that originally the property in question was purchased by Late Rai Bahadur Udit Narayan Singh, father of Lalitheshwar Prasad Singh and grandfather o