Section 43E in Bihar Hindu Religious Trusts Act, 1950
43E. Mode of eviction on failure of removal of the encroachment as directed by the Tribunal.
(1)Where within the period specified in the order under sub-section (4) of Section 72, the encroacher has not removed the encroachment and has not vacated the property, the Tribunal shall pass an order for the removal of the encroachment and possession of the property encroached upon. The order of the Tribunal shall be implemented by taking such police assistance as may be necessary. Any police officer whose help is required for this purpose shall render necessary help to the Tribunal.(2)Nothing in sub-section (1) shall prevent any person aggrieved by the order of the Tribunal under sub-section (4) of Section 72 from instituting a suit in a Court to establish that the religious institution or endowment has title to the property:Provided that no Civil Court shall take cognizance of any suit instituted after six months from the date of receipt of the order under sub-section (4) of Section 72:Provided that no such suit shall be instituted by a person who is let into possession of the property or who is a lessee, licensee or mortgagee, for the religious institution or endowment.(3)No injunction shall be granted by any Court in respect of any proceeding taken or about to be taken by the Tribunal under Section 72.
