IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2139 of 2007 SHARDA YADAV & ORS Versus THE STATE OF BIHAR & ORS ----------- 02- 14.1.2009 Heard Mr. Ashok Kumar Pandey for the petitioners, Mr. Manu Shankar Mishra, learned Govt. Pleader X for the respondents, and Mr. Daya Nand Singh are present. Mr. Daya Nand Singh presses IA No. 6205 of 2007, wherein it is prayed that the applicant (Jageshwar Rajbhar) may be impleaded as party respondent. It is stated therein that the applicant makes a common cause with the official respondents, opposes the writ petition and takes the stand that the lands in question are public lands. Learned counsel for the parties have no objection if the applicant is impleaded as a party respondent. In that view of the matter, let Jageshwar Rajbhar be impleaded as respondent no.7. IA No. 6205 of 2007 is accordingly disposed of. 2. The petitioner had received communication dated 3.8.2006 (Annexure 5) from the learned Anchal Adhikari,Chand, district Kaimur at Bhabhua, calling him upon to desist from encroaching upon the lands mentioned therein. Aggrieved by this communication, the petitioner had moved the learned Collector of the district which has been disposed of by order dated 19.12.2006, passed in Misc. Case No.14 of 2005-06 (Sharda Yadav & Ors. v Anchal Adhikari, Chand), whereby he has held that he has no jurisdiction to deal with the matter. The respondent authorities have placed on record their counter affidavit. 3. On a perusal of the materials on record and consideration - 2 - of the submissions of learned counsel for the parties, the writ petition is disposed of with the direction that let the parties treat the said communication (Annexure 5) to be a show-cause notice under the provisions of the Bihar Public Land Encroachment Act 1956. Let the petitioner submit show- cause to the same. It will be open to respondent no.7 (Jageshwar Rajbhar) to file his objection before the learned Anchal Adhikari in support of his stand. The learned Anchal Adhikari shall dispose of the matter after consideration of the stand taken by the present petitioner and respondent no.7, and on consideration of the other relevant materials. 4. The writ petition is accordingly disposed of. ( S K Katriar ) mrl