IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7763 of 2010 1. Ghulam -E- Mustafa S/O Late Mojibur Rahman R/O Vill.- Bahuara Buzurge, Block- Singhwara, P.S. Kamtaul, Distt.- Darbhanga 2. Md. Anwarul Haque S/O Late Abdur Rahman R/O Vill.- Bahuara Buzurge, Block- Singhwara, P.S. Kamtaul, Distt.- Darbhanga 3. Md. Ghulam Kibria S/O Late Abdul Khalique R/O Vill.- Bahuara Buzurge, Block- Singhwara, P.S. Kamtaul, Distt.- Darbhanga 4. Suresh Paswan S/O Late Lakhan Paswan R/O Vill.- Bahuara Buzurge, Block- Singhwara, P.S. Kamtaul, Distt.- Darbhanga Versus 1. The State of Bihar 2. The District Magistrate, Darbhanga 3. The S.D.O., Darbhanga 4. Block Development Officer Block Singhwara, Distt.- Darbhanga 5. Circle Officer, Block Singhwara Distt.- Darbhanga 6. C.I. Block Singhwara Distt.- Darbhanga 7. Anchal Amin, Block Singhwara Distt.- Darbhanga 8. Pramod Narayan Jha S/O Radha Krishna Jha R/O Vill.- Hariharpur, P.S.- Kamtaul, Distt.- Darbhanga ----------- 2 18.10.2011 Mr. Sajid Salim Khan, learned counsel for the petitioner and Mr. Rakesh Kumar, learned A.C. to A.A.G.6 for the State are present. The petitioners have questioned the issuance of notice by the respondent No.5, Circle Officer, Block Singhwara, District-Darbhanga in purported exercise of power vested in him under the provisions Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as ‘Act’) and the Rules framed thereunder. Learned counsel for the petitioners submits that they have already filed objection to the notice bringing on record the documents demonstrating the existence of the structures since 1975 and which objection of the petitioners have not yet been disposed of. A supplementary affidavit has also been filed enclosing certain developments having taken place during the pendency of the proceedings. Having heard learned counsel for the petitioner and the State 2 and considering the circumstances that the issue is pending consideration before the respondent No.5, Circle Officer, Block Singhwara District-Darbhanga the appropriate authority under the Act, the writ petition is disposed of with a direction to the petitioner to participate in the encroachment proceeding pending before the respondent No.5 and who shall consider and dispose of the same in accordance with law after affording reasonable opportunity of hearing to the petitioners and other effected parties. Bibhash (Jyoti Saran, J.)