IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.605 of 2007 Birendra Kumar Verma Versus The State Of Bihar &Ors ----------- 4 5.7.2011 The petitioner prays for quashing the order passed by the District Magistrate, Nalanda, contained in Annexure-7, and consequent order dated 4.1.2007 passed by the Circle Officer, Biharsharif, contained in Annexure-8. By the impugned order the petitioner has been directed to remove encroachment from Plot No.211 bearing Khata No.48 measuring an area of 0.52 decimals as well as plot no.198 measuring an area of 1.17 acres. The petitioner submits that in the year 1990 a land encroachment proceeding was initiated against the father of the petitioner and a notice under section 3 of the Bihar Land Encroachment Act was served upon him. The said notice was challenged by the father of the petitioner in C.W.J.C. No.4947 of 1990. It was contended on behalf of the writ petitioner that the petitioner’s right, title and interest over the land in question has already been adjudicated upon by the competent Civil Court in Title Appeal No.2/6 of 1972-77. This court by order dated 17.11.1999 allowed the writ petition and the impugned notice was set aside. The petitioner further submits that again after 7-8 years he has been asked to vacate the portion of the premises encroached which has already been adjudicated in favour of the father of the petitioner. The impugned order had been passed without given due notice to the petitioner. 2 KHAN A counter affidavit has been filed on behalf of the Circle Officer, Biharsharif wherein in paragraph 5 it has been stated that the land in question has been recorded as Gairmazarua Aam Alang and nature of the land has not changed and was always used as rasta and ex-land lord never came in Khas cultivating possession of the land in dispute. It has further stated that the plot no.211 was never settled with Narain Mahto and the alleged Hukumnama in the name of Narain Mahto is creation of vesting after Jamindari. Having heard counsel for the parties and on going through the materials on record it appears that if the land in dispute is the same land in respect of which encroachment proceeding was earlier initiated which was quashed by this court by order dated 17.11.1999 passed in C.W.J.C.No.4947 of 1990, no subsequent land encroachment proceeding would be maintainable. In case the authorities are of the view that the said Hukumnama was never executed than the remedy before the authority would be under the provisions of the Land Reforms Act. In the result, this application is allowed and the order passed by the District Magistrate, Nalanda, contained in Annexure-7, and consequent order dated 4.1.2007 passed by the Circle Officer, Biharsharif, contained in Annexure-8 are quashed. (S.P.Singh,J) 3