IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8115 of 2009 RAJKUMAR RAUT . Versus THE STATE OF BIHAR & ORS . ----------- 2. 28.01.2011 Heard learned counsel for the petitioner and the State. The petitioner contends encroachment of his private lands situated in Katra Bazar, Sheikhpura by the State authorities. Learned counsel submits that an auction notice was published on 2.6.2003 by the Executive Officer, Nagar Parishad, Sheikhpura which itself makes it apparent that the respondents themselves did not know the owner of the lands and construction thereupon. Counter affidavit has been filed on behalf of the respondents denying title of the petitioner to the lands in question. It appears from the records of the case that there has been a unilateral assessment by the respondents of the ownership of the lands without opportunity to the petitioner before the State entered upon the lands. At this stage, the Court is not concerned who is the lawful owner of the lands, whether it is the petitioner or the State. The Court is concerned only with the decision making process. If the petitioner contends that he is the lawful owner and the State 2 questions the same, the minimum that the State is expected to do is to deal with his objections and dispose off the same by a reasoned and speaking order. The State authorities are required to consider and deal the issue, if so raised, that complicated questions of title cannot be examined in a summary proceeding but only in a full fledged suit after consider of documentary and/or oral evidence. Let the petitioner represents before the District Magistrate, Sheikhpura along with a copy of the present order and all materials on which posed the claim and/or title. The District Magistrate is obliged to give him a personal or representative hearing and then pass a final, reasoned and speaking order within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)