R.K. Merathia, J.

1. Heard the parties.

2. The petitioners have prayed for quashing the order dated 13.04.1993 passed by the Deputy Commissioner, Sahibganj in R.M.A. Case No. 32 of 1991-92 as well as the order dated 02.08.1991, passed by the Deputy Collector, Land Reforms Sahibganj in R.E. Case No. 20 of 1988-89/7 of 1988-89 directing them to remove the encroachment over the land in question.

3. Petitioners case is that their ancestral house was constructed on Plot No. 1067 for more than 65 years and the same is recorded in the Survey Record of 1935. This encroachment case has been initiated by the respondent No. 4, who is the neighbour due to jealousy. A blind road measuring 70 fts. in length and 810" in width exists adjacent to the petitioners house on plot No. 1068, which is being used only by the petitioners and the respondent No. 4. The chhajja (projected balcony), the septic tank and the water pipes underground the road do not cause any obstruction to the public. Erection of chhajja (projection) is no encroachment in the eye of law. The construction of septic tank was never objected by any authority.

Petitioners were not given opportunity of hearing by the L.R.D.C.; he pa