IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5216 of 2010 1. RAMAKANT MANDAL @ MAHANT RAMANAND DAS BAPU S/O LATE RAM AYODHYA MANDAL R/O VILL.- USARI, P.S.- BIRAUL, DISTT.- DARBHANGA AT PRESENT RESIDING AT MORA TEKRA, P.O.- MORA, P.S.- IKSHAPUR, DISTT.- SURAT (GUJRAT) THROUGH HIS CHELA RAM KARAN MANDAR, S/O LATE RAM AYODHYA MANDAL, R/O VILL.- USARI, P.S.- BIRAUL, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR 2. ADDITIONAL COLLECTOR, DARBHANGA 3. ANCHALADHIKARI, BAHERI, DISTT.- DARBHANGA ----------- 2 12.4.2010 Petitioner challenges the notice, as contained in Annexure 4 to the writ petition issued by the Circle Officer, Baheri District- Darbhanga. Petitioner states that an encroachment proceeding being Encroachment Case no. 1 of 2009-10 was initiated by the Circle Officer, Baheri in which petitioner and others were noticed without considering the facts and circumstances and the documents in this regard show causes of the petitioner and others were rejected and they were asked to remove encroachment by order dated 27.11.2009 of the Circle officer. Against this, they preferred statutory appeal in terms of Section 11 of the Bihar Public Land Encroachment Act, which was numbered as Encroachment Case no. 5/2009-10 in which the appellate Court i.e. Court of Additional Collector, Darbhanga called for a report and stayed the operation of the impugned order by order dated 16.3.2010 by which Circle Officer seeking obedience of his earlier order which has been, as noted above, stayed by the appellate Court. In my view, the order of Circle Officer is wholly without jurisdiction 2 inasmuch as the matter having been appealed in the appellate court and the appellate court had stayed the operation of the order of the Circle Officer cannot insist upon executing his earlier order, which has been, as noted above, stayed by the appellate authority. In that view of the matter, Annexure 4 is quashed. Till disposal of the appeal, as noted above, which is pending before the Additional Collector, Darbhanga, the petitioner shall not be disturbed. With the above observations and directions, the writ petition stands disposed of. Let a copy of this order be communicated to Anchal Adhikari, Baheri through Collector, Darbhanga by Fax, at the cost of the petitioner. Singh (Navaniti Prasad Singh, J.)