IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8833 of 2007 SUDAMA YADAV Versus THE STATE OF BIHAR & ORS ----------- 5 17.07.2008 Petitioner is aggrieved by the steps taken by the respondent in demolishing the pucca building which has been constructed on plot no.25 (345 old) under khata no. 62 situated in the town of Gaya. Contention of learned counsel appearing on behalf of the petitioner is that he was not given any notice with regard to removal of any encroachment. The notice which was given to him was with respect to yet another plot of land and unless the right, title is decided by the authorities, the consequential action of demolition should not have been embarked upon. A detailed counter affidavit has been filed on behalf of the respondent State where certain assertions made in the writ application are seriously disputed, but there is proceeding under a Special Act which is a self-contained Act. Even, if it is considered on the face value that the petitioner was not given notice then these matters can still be tested at the appellate forum at the local level, where all the claims and counter claims with regard to documents on the revenue side is readily available for verification. Certain thrashing out of facts are equally imperative at 2 a particular level before the High Court under Article 226 can render its opinion on the legality or otherwise of the action taken. This Court disposes of the writ application giving liberty to the petitioner that he shall file an appeal within four weeks from today under the Bihar Public Land Encroachment Act. He can take all the points which is being sought to be urged before this High Court. The Appellate Authority on filing of the said appeal will examine the matter and render his decision. It is clarified that no further coercive action shall be taken against the petitioner till the filing of the appeal and the appellate Authority thereafter shall decide the issue after giving an opportunity of hearing to the petitioner preferably within a period of three months of filing the appeal. The writ application stands disposed of with the above liberty and direction. Rajeev/ (Ajay Kumar Tripathi, J.)