IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6885 of 2006 TRIVENI PRASAD, AGED ABOUT 42 YEARS, SON OF LATE PRAYAG MAHTO, RESIDENT OF VILLAGE HUSENA, P.S. SERMERA, DISTRICT NALANDA. Versus 1. THE STATE OF BIHAR THROUGH REVENUE AND LAND REFORM SECRETARY. 2. THE CIRCLE OFFICER, SERMERA, NALANDA. ----------- 02. 07.04.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 28.12.2005, Annexure-1 passed by the Circle Officer, Sermera, whereunder he has been directed to remove the encroachment from 0.04 acres of plot no.340 appertaining to khata no.61 of village Husena, which was settled with his ancestors by the ex-landlord under settlement deed, Annexure-5 which is dated 15 Bhado 1340 Fasli. 3. It is submitted on behalf of the petitioner that having obtained the settlement his ancestor came in possession and paid rent to the ex landlord, which is evident from rent receipt, Annexure-5/A and after vesting of the estate to the State of Bihar. The rent receipt granted by the authorities of the State Government is also annexed with the petition. Earlier 2 petitioner approached this Court in C.W.J.C. No.4528 of 2004 which was disposed of under orders dated 23.11.2004, Annexure-3, operative portion whereof is quoted hereinbelow for ready reference :- “However, taking into consideration that the petitioner is not likely to be given an opportunity of hearing in the matter, while maintaining the order for removal of the encroachment, I hereby direct that if the circle officer makes an enquiry into the genuineness/sanctity of the alleged documents/settlement then proper notice would be given to the petitioner, he would be given due opportunity of hearing and only thereafter a final order would be passed.” 4. It appears in compliance of the orders of this Court dated 23.11.2004 petitioner was given notice dated 9.5.2005 but he could not produce documents contained in Annexure-5 series and the impugned order has been passed without the benefit of perusal of the documents relied upon by the petitioner. 5. As the impugned order has been passed without the benefit of perusal of the documents relied upon by the petitioner, I set aside the order dated 28.12.2005 passed by the Circle Officer, Sermera, 3 Annexure-1 with direction to the petitioner to produce the settlement deed as also the rent receipt before the Circle Officer, Sermera along with a copy of this order within one month from the date of receipt of this order, whereafter the Circle Officer, Sermera shall pass fresh order dealing with the documents relied upon by the petitioner in accordance with law, as early as possible, in any case within two months from the date of receipt of the documents. Counsel for the petitioner is directed to file requisition for grant of certified copy of this order tomorrow(8.4.2011). 6. The writ application is, accordingly, disposed of. Rajesh/ (V. N. Sinha, J.)