TAPEN SEN, J.

( 1 ) WHAT were the events that led the respondent No. 1 to conclude that the Petitioner was an encroacher of a public land is an issue which has to be examined in the background of the facts and circumstances of this case. The other question that falls for consideration is as to whether the petitioner unit was a part of the royal Tisra Colliery and in order to ascertain this fihding we have to necessarily advert to the facts of this case. The facts which are necessary to be looked into are as follows and which are being stated hereinafter on the basis of pleadings made in this writ application :1. According to the petitioners, lands measuring 9. 46 acres situated at Plot Nos. 639, 641, 642, 643, 644, 646, 649, 648, 650, 653 and 695 were purchased by them, whereafter some time in the year 1971 the petitioners constructed a Hard Coke Plant and got it registered under the Small Scale industries Scheme of the State of Bihar vide registration No. 3291 of 1971. It was also registered under the Factories Aet. By reason of coming into force of the Coal Mines (Taking Over of Management) Ordinance, 1973 on 30-1-1973, all Coal Mines specified in the Schedule appended