( 1 ) THIS appeal is directed against the order dated 8th February, 1991, passed by a learned Single Judge of this Court disposing of the writ petition filed by M/s. Jharia Talkies and Cold Storage Private Ltd. and another, in which an order passed by the Collector, Dhanbad, in a proceeding, under the Bihar Public Land Encroachment Act, 1956, hereinafter referred to as the "1956 Act" for short, had been challenged.

( 2 ) BY judgment dated February 8, 1991, N. K. Mitra, J. directed delivery of possession of the disputed land to the writ petitioner within two weeks from the date of communication of the order.

( 3 ) THE present appeal was preferred on March 4, 1991, and the matter was moved before the learned Chief Justice and no steps were taken by the appellant herein to obtain stay order till actual delivery of possession back to the writ petitioner was effected in terms of the judgment.

( 4 ) ORDER of assignment was made by the learned Chief Justice on September 10, 1991, and the appeal was heard on September 17, 1991, September 24, 1991, September 25, 1991, and on September 27, 1991, when hearing was concluded, and judgment was reserved.

( 5 ) AT the very outset