IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16168 of 2006 Md.Nasim Akhtar, son of Md.Safiullah, resident of village Jalalpur, P.O. Hasanpur & P.S. Majrul Haque Nagar, District Siwan--------------petitioner Versus 1.The State of Bihar through the District Magistrate, Siwan 2.The Commissioner, Saran Division, Chapra 3.The District Magistrate, Siwan 4.The Additional Collector, Siwan 5.The Sub-divisional Officer, Hussainganj, Siwan 6.The Circle Officer, Hussainganj, Siwan 7.Md.Sarazuddin Haque 8.Md.Mustak Ahmad 9.Md.Nisar Ahmad 10.Bibi Ashma Khatun 11.Bibi Ahmadi Khatun Respondent Nos. 7 to 9 are sons and Respondent Nos. 10 & 11 are daughters of Late Md.Siddique, residents of village Jalalpur, P.O.Hasanapur & P.S.Majrul Haque Nagar, District siwan------respondents ----------- For the petitioner :Mr.Chandra Kant, Advocate For the State :Mr.Sanjeev Kumar Mishra, AC to SC 8 For respondent No.8 :Mr.Shailendra Kumar Singh, Advocate ------- 9. 12.10.2011 Heard learned counsels for the petitioner, respondent No.8 and for the State. The petitioner has come to this Court seeking quashing of the order dated 15.9.2006 passed by the Commissioner, Saran Division, Chapra in Land Encroachment Appeal No. 78 of 1994-95 and also for quashing the order dated 18.10.1994 passed by the Additional Collector, Siwan in Appeal No. 262 of 1994-95 by which they have refused to pass order of removal of encroachment over public rasta and also for quashing the 2 order dated 8.9.1994 passed by the Circle Officer, Hussainganj. During the course of the proceedings it had come out that one order dated 21.7.1994 had been removed from the records of the Circle Officer, whereas the petitioner had filed photo copy of certified copy of the said order passed by the Circle Officer, Hussainganj before this Court which had been obtained by the petitioner from the office of the Sub-divisional Officer, Siwan. This Court directed the Circle Officer, Hussainganj and the Sub-divisional Officer, Siwan to file their respective show causes in the matter. In the show causes filed it is stated that a departmental proceeding has been initiated against the dealing Assistant in-charge of the said record. Let the proceedings be concluded expeditiously. Learned counsel for the petitioner has sought to argue that the order of the Commissioner, Saran Division, Chapra is without jurisdiction as there is only provision of a single appeal against the order of Circle Officer before the Collector of the District. Since the petitioner had already filed an appeal before the Commissioner he cannot be permitted to challenge the jurisdiction of the 3 Commissioner in the matter and this Court would not look into any such submission made by learned counsel for the petitioner after he had approached the Commissioner and the order passed is not in his favour. Learned counsels for the State and for the respondent No.8, on the other hand, submit that the Commissioner has merely remanded the matter to the District Magistrate, Siwan for thorough enquiry and passing a reasoned order in accordance with law after hearing the parties and, accordingly, disposed of the matter. It is submitted that the District Magistrate apart from being the senior-most officer of the District and since questions of fact and local inspection for spot verification are in dispute, it would be appropriate that the District Magistrate should decide the matter in terms of the order issued by the Commissioner, Saran Division, Chapra. This Court is in agreement with the submission of learned counsels for the State and for the private respondent No.8. This writ application is, accordingly, disposed of after setting aside the order passed by the Additional Collector, Siwan in Appeal No. 262 of 1994-95 and the 4 matter is remanded to the Collector, Siwan to consider and dispose of the same in accordance with law. It would be open to the District Magistrate to arrange a local inspection again to be made through a responsible officer of the State so that the matter can be finally concluded. Let the same be done within a period of four months from the date of receipt/production of a copy of this order. (Ramesh Kumar Datta,J.) Spal/