IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3407 of 2008 Md.Kalimuddin @Kalim Compounder, Son of Late Salimuddin, Resident of Mohalla Goreriya Khand, P.S. Jehanabad, District Jehanabad. ----- Petitioner. Versus 1. The State of Bihar. 2. The Collector, Jehanabad. 3. The Circle Officer, Jehanabad. ------ Respondents. ----------- 4 4.11.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by Annexure-1 which is a notice issued to him to remove the encroachment from Khata No. 56, Plot No. 992 measuring .92 decimals by 14.9.2007. The said notice to remove encroachment has been issued without giving an opportunity to the petitioner to show-cause before the concerned authority to show how he is in possession of the land in question. It is submitted that an encroachment proceeding should have been initiated and after hearing the petitioner, appropriate order was to be passed. Counsel for the State on the other hand submits that the land is recorded as ‘Gair Mazrua Aam’ land and that the petitioner cannot claim title on the land by virtue of the sale deed as the vendor of the petitioner did not have any title to sell the said land. 2 All these facts will have to be considered by the concerned authority under the encroachment Act before a notice can be issued directly to remove the encroachment. I accordingly, quash Annexure-1 dated 21.8.2007, issued by the Circle Officer, Jehanabad and remand the matter back to the Circle Officer, Jehanabad who will hear the petitioner, pursue his show-cause and documents and pass an appropriate order thereafter. The petitioner is directed to produce a copy of this order within a period of one month on its receipt before the Circle Officer, Jehanabad who will fix a date and pass an appropriate order in accordance with law. This writ application is disposed of with the aforesaid observations and direction. Sanjay (Sheema Ali Khan, J.)