IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8019 of 2008 RAM KISHOR SHARMA & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 25.8.2008 Heard Mr. Dinu Kumar, learned counsel for the petitioners and learned Govt. Advocate No. VII for the State. The petitioners have approached this Court for quashing the order dated 2nd May, 2008 ( Annexure-4 ) passed by the Anchal Adhikari, Masaurhi ( Respondent No.3), by which the petitioners have been directed to remove the encroachment over part of Khata No.136, Plot No.1735 by 14.5.2008, failing which the same would be removed at the cost of the petitioners. From the materials on record it appears that after the notice had been issued in the said case, the petitioners had appeared and, thereafter, certain measurements have been made by the Anchal Adhikari and the petitioners had initially agreed to consider the matter and remove the encroachment from the land in question, which may have been encroached by them, but subsequently they have not done that. It is pointed out by learned counsel for the State that the impugned order has been passed on the basis of the measurement that has been made by the Anchal Amin on 30.4.2008. However, learned counsel for the petitioners points out that by notice dated 28.6.2008, the petitioners have been directed to file show- cause as to why appropriate action be not taken against them under the Bihar Public Land Encroachment Act for removal of the 2 encroachment found on the basis of the measurement made by the Anchal Amin. In the aforesaid facts and circumstances, it is evident that the impugned order ( Annexure-4 ) was not a final order under the Act and the same can only be passed now on the basis of the notice that has been issued on 28.6.2008 after giving appropriate opportunity to the petitioners. In the aforesaid view of the matter, the writ application is disposed of with a direction that the petitioners shall file reply to the show- cause notice dated 28.6.2008 ( Annexure- 6 ) within a period of two weeks from today and thereafter, the Anchal Adhikari, Masaurhi shall dispose of the matter in accordance with law. VPS ( Ramesh Kumar Datta,J.)