IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11060 of 2011 ==================================================== UMA KANT CHAUDHARY & ORS - Petitioner/s(s) Versus THE STATE OF BIHAR & ORS - Respondent/s(s) ==================================================== Appearance : For the Petitioner/s: Mr. MADHAV ROY For the Respondent/s: Mr. AVNISH NANDAN SINHA GP11 ==================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH DATE: 15-07-2011 ORAL ORDER (Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH) 2 15.7.2011 The petitioners pray for quashing the notice dated 18.6.2011 issued by the Circle Officer, Benipatti, Madhubani directing the petitioner to remove the encroachment from 1 dhur of land existing on old Survey Plot No.513, New Survey Plot No.509 of Mauza Bagbas, P.S. Benipatti, P.S. No.123 of district Madhubani by 9.7.2011, failing which encroachment would be removed by the Government and ten times of the actual cost incurred therein would be realized from the petitioners. It appears that the impugned order was passed in view of the order dated 7.5.2007 passed in C.W.J.C. No.1428 of 2004 and M.J.C. No.2618 of 2008. Learned counsel for the petitioner submits that notice regarding encroachment was issued in the name of Tarakant Chaudhary who died on 30.1.2008. The petitioners submit that they are heirs of Tarakant Chaudhary and did not have any knowledge about the alleged notice. 2 KHAN On the other hand counsel for the State submits that notice was received by the younger son of late Tarakant Chaudhary. It appears that an appeal is provided under section 11 against the order under sections 6, 7 and 8 of the Bihar Public Land Encroachment Act. In this view of the matter, as the notice is issued against a dead person, I am of the view that the petitioners being the heirs of late Tarakant Chaudhary may file an appeal without any further delay. In case the petitioners files an appeal before the Appellate Court and pray for an ad interim stay, the same would be considered on its own merits. No coercive steps would be taken against the petitioners for a period of three weeks from today. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P. Singh,J)