IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2631 of 2010 1. SHYAM LAL RAM S/O JIUT CHAMAR R/O VILL.- HARPUR, P.O.- TETAHI, P.S.- BURHARIYA, DISTT.- SIWAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE SIWAN 3. THE CIRCLE OFFICER BARHARIYA, P.O. + P.S.- BARHARIYA, DISTT.- SIWAN ----------- 2/ 29/04/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the letter dated 16.1.2010 of the Circle Officer, Barhariya directing him to vacate the lands at Khesra No.214 having an area of One kattha and seven dhoors on the ground that he has encroached upon the same because of which one Mst. Shyam Sundari Devi was unable to construct her residence under the Chief Minister’s residence scheme. Learned counsel for the petitioner submits that the issue had been examined threadbare by the court of the Sub-divisional Officer, Siwan Sadar in Misc. Case No.770/08 instituted at the behest of Most. Shyam Sundari Devi. By a final order dated26.6.2008 it was held that there was no encroachment. The respondents are seeking to conclusively re-open the issue without an opportunity to the petitioner to place the earlier order and other necessary materials before the Circle Officer. 2 It appears that the impugned order is again at the behest of Mst. Shyam Sundari Devi. The petitioner has not impleaded her as a party respondent. The impugned order dated 16.1.2010 is directed to be treated as a show cause notice. The petitioner may appear and file his show cause relying upon the order dated 26.6.2008 referred to above and any other such materials that he may propose to produce whereafter the Circle Officer is required to pass a reasoned and speaking order after hearing all concerned including Mst. Shyam Sundari Devi within a maximum period of three months, from the date of receipt/presentation of a copy of this order. In view of the fact that the impugned order dated 16.1.2010 has been directed to be treated as a show cause notice, the question of taking any coercive action thereunder till such time that a fresh adjudicatory order is not passed, especially in light of the earlier order dated 26.6.2008 sought to be relied upon, simply does not arise. The writ application stands disposed. KC ( Navin Sinha, J.)