IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.402 of 2009 DEO CHANDRA JHA SON OF LATE DHARAM NARAYAN JHA, RESIDENT OF VILLAGE NAVTOLE, P.S. BHAIBASTHAN, DISTRICT MADHUBANI. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, MADHUBANI, DISTRICT MADHUBANI. 3. THE ADDITIONAL COLLECTOR, MADHUBANI, DISTRICT MADHUBANI. 4. THE SUPERINTENDENT OF POLICE, MADHUBANI, DISTRICT MADHUBANI. 5. THE CIRCLE OFFICER, JHANJHARPUR, DISTRICT MADHUBANI. 6. THE OFFICE INCHARGE, MAIRWA CHAN, DISTRICT MADHUBANI. ----------- 2/ 10-07-2009 Petitioner has filed the present writ application against the so called arbitrary action taken by the Circle Officer, Jhanjharpur on the background that a P.I.L. came to be filed by one Shankar Thakur which is C.W.J.C.No.2680 of 2009. It is alleged that he, without disclosing all the correct facts , got an observation from the High Court on 27.02.2009 stating that in spite of order of the Circle Officer, encroachment is not being removed by the Circle Officer. Though the High Court categorically recorded in the order that “ it is made clear that we have not expressed any opinion in regard to the claim made by the petitioner and that shall be examined by respondent no.2 in accordance with law” , still the respondent has treated it as direction to remove the encroachment. Follow action has been taken by the Circle Officer which are recorded in the notice dated 13.05.2009, 09.04.2009 and 21.05.2009, which are Annexures-6, 6/1 and 7, and form part of I.A.No.3903 of 2009. After having heard learned counsel for the petitioner and learned counsel for the State, I.A. No. 3903 of 2009 is allowed and the - 2 - writ application is disposed of with a direction to the Circle Officer, Jhanjharpur that before implementing the order of encroachment which he has passed, he shall first give a liberty to the petitioner to furnish the documents on the basis of which the petitioner claims the land to be raiyati, existing in his favour and only after verification of those revenue documents he shall pass appropriate order. No demolition can take place till the verification of the document and appropriate order is passed on full verification. The petitioner will appear before the Circle Officer within two weeks from today with a copy of the order. On the petitioner appearing within the time frame before the Circle Officer and present his case along with supporting documents, the Circle Officer shall pass an appropriate order in accordance with law which shall be speaking. This writ application is disposed of with the above direction. ( Ajay Kumar Tripathi, J ) BTiwary/