IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17658 of 2008 1.SHANKAR PD.MALAKAR,son of late Ghumati Malakar, resident of Mohalla-Maranpur Dandibagh More, P.O. Chandchaura, P.S.Civil Lines, District- Gaya. 2. Durga Malakar, son of late Ghumati Malakar, resident of Mohyalla- Maranpur Dandibagh More, P.O. Chandchaura, P.S. Civil Lines, District- Gaya Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. The District Magistrate, Gaya. 3. The Circle Officer, Gaya. ----------- For the petitioner: Mr. Anil Kumar Sinha,Advocate Mr. Mirtunjay Kumar, Advocate For the State: Mr. Tajendra Sinha, A.C.to G.P.18. --- 2. 19.2.2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehending demolition of their residential house, while Encroachment Case No.4 of 2007-08 is still pending before respondent No.3, Circle Officer, Gaya, have approached this Court. It would be an act of highhandedness on the part of the Circle Officer, Gaya not to decide the case and proceed to demolish the residential house of the petitioners, who claim to have right, title and possession over the same. The writ application is, accordingly, disposed of with the direction that the Circle Officer, Gaya shall first proceed to decide the encroachment case before taking any step in the matter that too in accordance with the provisions of the Bihar Public Land Encroachment Act. VPS ( Ramesh Kumar Datta,J.)