IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.662 of 2011 AKHILESH PRASAD & ORS . Versus THE STATE OF BIHAR & ORS . ----------- 2. 20.01.2011 Heard learned Counsel for the petitioners and the learned Counsel for the State. The petitioners are aggrieved by the order dated 30.9.2010 passed in Encroachment Case No. 15 of 2004-2005 by the Anchal Adhikari, Manjhaulia. Learned Counsel for the petitioners submits that they have not encroached on any land and in fact are in lawful possession pursuant to settlement in accordance with law, opening of Zamabandi, raising serious question of title. Specific assertion has been made in para 15 of the writ application that no notice of the encroachment proceeding with opportunity to defend was given to them before issuance of the impugned order directing removal of alleged encroachment which consists of their residential house. The Court on consideration of the proceedings in the land encroachment matter as appended at Annexure 5 finds that the Anchal Adhikari has segregated matters between those who had filed serious objections and who had filed no objection. He has directed that the matter shall proceed with regard to those who had filed no objection while he would deal separately with those who had filed serious objection. If what the petitioners contend is correct, undoubtedly they have a prima facie case of raising serious objection to be considered by the Anchal Adhikari. The writ application is disposed with the observation that if the petitioners file their objection in Land Encroachment Case No. 15 of 2004-2005 before the Anchal Adhikari, Manjhaulia within a maximum period of four weeks from today the Anchal Adhikari will proceed to hear their objection along with those batch of matters which he proposes to take up separately for consideration of objections and then dispose it of in accordance with law by a reasoned and speaking order. If the petitioners does not file their objections within the time indicated the writ petition shall be deemed to have been dismissed and the impugned order dated 30.9.2010 shall require no interference. In the event that the petitioners file their objections in time operation of the impugned order dated 30.9.2010 shall remain in abeyance till such time that the Anchal Adhikari does not pass a reasoned and speaking order on their objection. At this stage learned Counsel for the petitioner submits that the proceedings are progressing in like manner with regard to several others. No generalized order can be passed by the Court on that submission., Suffice it to say that if any person aggrieved by the Land Encroachment Case No. 15 of 2004-2005 files objection before the Anchal Adhikari based on similar ground as noticed in the present order, the Anchal Adhikari shall make preliminary enquiry to satisfy himself and then accord similar treatment to that applicant as the petitioners if he is satisfied. If he is not satisfied, the Anchal Adhikari shall retain the discretion to pass a preliminary order rejecting the objection seeking like treatment as the present one. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)