This is the second round of litigation between the parties before this Court. Petitioners had earlier filed C.W.J.C.No.10125 of 2013 challenging the order of the D.C.L.R., Sadar Patna in Land Dispute Resolution Case No.93 of 2011-12 and the order of the Commissioner passed in Land Dispute Appeal Case No.173 of 2012. Matter was taken up by this Court on 15.5.2013 when the learned counsel for the respondents raised an objection that against an order of the Divisional Commissioner, remedy was available before the Tribunal constituted in terms of Section 9(1) of the Land Tribunal Act. The said writ application was accordingly disposed of directing the petitioners to file their appeal before the Tribunal within two weeks and status quo was directed to be maintained till the first date of hearing by the Tribunal.

2. Petitioners accordingly filed their appeal before the Tribunal, but the Tribunal did not entertain it on the ground that the matter related to public land encroachment and hence was not covered by the Act and therefore it had no jurisdiction to entertain such an application. In the circumstances, they filed MJC No.3436 of 2013 for modification of the said order passed