IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9797 of 2008 SMT.SHAKUNTALA DEVI, WIFE OF SITARAM SINGH RESIDENT OF MOHALLA INFRONT OF PURANI BIJALI OFFICE BY PASS RAOD, SHEIKHPURA, DISTRICT SHEIKHPURA---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA. 2. THE COLLECTOR, SHEIKHPURA. 3. CIRCLE OFFICER, SHEIKHPURA BLOCK, DISTT. SHEIKHPURA. 4. CIRCLE INSPECTOR, SHEIKHPURA BLOCK, DISTT. SHEIKHPURA ---RESPONDENTS. ----------- 03. 11.12.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by notice dated 12.11.2009, Annexure-B to I.A.No. 7894 of 2009, whereunder she has been asked to remove the construction from 7 decimals of land in plot No.3409, appertaining to khata No.184 of village Kamashi within Sheikhpura police station in the district of Sheikhpura on the ground that the said land is Gairmajarua Aam land and there could not have been any private construction over the said land. 3. It is submitted on behalf of the petitioner that the aforesaid contention of the State respondents is wholly incorrect as petitioner had purchased 7 decimals of the aforesaid plot vide registered sale deed dated 19.8.1986 from Bharat Dhari and Suresh Dhari on the basis of which Jamabandi was created in her favour vide Jamabandi No.969 in Mutation Case No.09 of 1990-91. Having cancelled the said Jamabandi under order dated 20.7.2009 passed in encroachment case No.310 of 2003- 04 and Misc. Case No.83 of 2004 the authorities have issued notice, Annexure-B. 4. From perusal of the impugned order dated 2 20.7.2009 itself it is evident that Pucca construction of the petitioner is found raised over the aforesaid land and as the State authorities permitted the petitioner to raise Pucca construction over the aforesaid land this Court cannot approve of the manner in which the Deputy Collector Land Reforms has proceeded to cancel the Jamabandi created in favour of the petitioner in the year 1990-91. Having appreciated the fact that Pucca construction is found raised over the lands in question the authorities cannot cancel the Jamabandi in the manner in which they have cancelled until they seek declaration from the competent civil court that the lands in question is a Gairmajarua Aam land and could not have been sold or settled with the petitioner or their predecessors-in-interest. 5. In the circumstances, order dated 20.7.2009 passed in Encroachment Case No.310 of 2003-04 and Misc. No.83 of 2004 passed by the Deputy Collector, Land Reforms, Sheikhpura along with notice, Annexure-B are quashed with liberty to the State respondents to seek appropriate declaration from the competent civil court that lands in question is public land and if they succeed in getting the lands declared as public land, they may proceed to demolish the construction raised by the petitioner over the lands in question. 6. This writ application is, accordingly, allowed. Rajesh/ ( V. N. Sinha, J.)