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Judgment
Heard counsel for the appellants and counsel for the
State.
Delay of 14 days in filing the appeal is condoned.
I.A. No. 8396 of 2013 is allowed. Matter is heard on
merits.
The learned Single Judge has dismissed the writ
application giving liberty to the appellants to move the appropriate
forum for redressal of grievances. Such a direction dated 03.04.2013
is under challenge in the present appeal.
Writ was filed by the appellants alleging that certain
part of their raiyati land has been encroached for construction of
school building, Nala and a road. The report of the Block
Development Officer, Bachhawara is that there is no such
encroachment and measurement was done in presence of the Anchal
Amin and report was produced. Such a dispute cannot be decided
under Article 226 of the Constitution, in fact, it will be in the interest
of the petitioners, may be to file a suit and a petition for injunction for
appropriate declaration.
No interference is warranted with the impugned order.
Appeal is dismissed.