IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11012 of 2009 ====================================================== Suryadeo Sharma @Suryadev Bagi, son of Thakur Pandey, resident of Ganj No. 2 at Police Station Bettiah, West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate –cum- Collector, Bettiah 3. The Sub Divisional Officer, Bettiah 4. The Circle Officer, Bettiah 5. The Manager, Bettiah Estate, Bettiah .... .... Respondent/s ====================================================== 3 22-09-2011 Heard Counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 08.08.2009 passed by the Circle Officer, Bettiah by which the petitioner has been asked to remove the encroachment over plot no. 5227 in Mohalla Ganj No. 2, measuring 75½ feet x 25 feet. The case of the petitioner is that he has been settled the lands in question by the Administrator of the Bettiah Raj. The petitioner also claims that he has a decree by a Civil Court in which the settlement by the Bettiah Raj was challenged in the Court. It is submitted that the Civil Court had decided that the lease of the lands in question has been duly executed in favour of the petitioner. The petitioner also submits tht the settlement was recorded by the Court of Wards and his title and possession over the lands in question is very old inasmuch as the Court of Wards has submitted returns indicating the petitioner as a Patna High Court CWJC No.11012 of 2009 (3) dt.22-09-2011 2 / 2 2 lessee. The stand of the State Government is that the Administration was not authorized to make any settlement and as such, the petitioner cannot have a valid document of settlement and as such, he is nothing but an encroacher of the lands in question. The impugned order does not take into account the submissions, show cause of the petitioner, virtually the order of the Circle Officer, Bettiah is a non-speaking order and appears to have been passed without giving the petitioner an opportunity to be heard in the mater. I therefore, quash the order dated 08.08.2009 passed by the Circle Officer, Bettiah. Liberty is given to the Circle Officer to issue fresh show cause. If the show cause is issued to the petitioner, the petitioner may filed reply to the show cause annexing all the documents purporting to support his title or settlement of lease over the lands in question. This writ application is allowed to the extent indicated aforesaid. Prabhakar Anand/- (Sheema Ali Khan, J)