IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11455 of 2008 Krishan Kumar Jagnani, son of Late Nathamal Jagnani, village Jamalpur, PS Gogri, District Khagaria – Petitioner. Vs. 1. The State of Bihar, 2. The District Magistrate, Khagaria. 3. The Supdt. Of Police, Khagaria. 4. The Land Acquisition Officer, Khagaria. 5. Subdivisional Officer, Gogri, Khagaria. 6. Circle Officer, Gogri, Khagaria – Respondents. 3 30.7.2010 The petitioner claims to be the owner of lands appertaining to khata no. 213, khesra nos. 1460/5, 1461, khata no. 208, khesra nos. 1462 and 1463. The total area of the land is 4 bigha, 4 kathas and 11 dhurs. It is said that the lands have been encroached / occupied by persons who were displaced due to erosion of Kosi river. The grievance of the petitioner is that some forty persons with the help of administration have occupied his land without following due process of law. The State Government has neither issued any Parcha nor acquired the lands for allotting the same to forty persons, who have built their thatched kachcha house without the permission of the petitioner. The Collector, Khagaria and the Land Acquisition Officer, Khagaria are directed to enquire into this matter. It is well settled that the State Government cannot settle or allow persons to occupy lands belonging to a private individual without following the due process of law. The Collector may enquire whether the land of the petitioner was acquired and thereafter issue notice to the parties concerned including the petitioner and pass appropriate orders. If it is found that the land belonging to the petitioner has not been acquired 2 by taking steps, either acquire the land by issuing Basgit Parcha for settlement or in the alternative evict the persons who have illegally occupied the land. The said procedure should be concluded within a period of six months. This writ petition is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)