IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10070 of 2002 SHIV BALAK PANDEY Versus THE STATE OF BIHAR & ORS 3 6.1.2010 KHAN Heard counsel for the petitioner and the State. In the instant writ petition the petitioner prays for quashing the entire encroachment proceeding vide Case No.2/2002-03 initiated by respondent no.2 contained in Annexure-6. It appears that pursuant to show cause notice issued by the Circle Officer, Buxar, the petitioner has already filed his reply 10.7.2002 stating therein that he has been living in Ramrekha Ghat, Buxar after constructing a small house over plot no.676, area 639 sq.ft. in Ward No.9. It has further been stated that continuous Khatian of revisional survey would show that the land is in possession of Shiv Balak Pandey, the petitioner. The petitioner has been paying municipal taxes since long and the house too was constructed after approval of map by the Municipality. He further submits that though the land has been recorded as Anabad Bihar Sarkar in column of raiyat but his possession has already been mentioned therein. After hearing counsel for the parties, this court finds that the petitioner instead of rushing to this court should pursue his remedy before the authorities under the Act. In case of limitation, it would be open to the petitioner to file an application for condoning the same on the ground that he was pursuing his remedy before this court. With the aforesaid liberty, this application stands disposed of. (S.P.Singh,J) - 2 -