IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11840 of 2008 1.GOVIND PRASAD son of late Mosaher Ram 2. Manorma Devi wife of Sri Govind Prasad 3. Prabhas Kumar alias Prakash Kumar, son of Sri Govind Prasad 4. Dr. Niranjan Kumar @ Niranjan Kumar @ Niranjay Kumar, son of Sri Govind Prasad 5. Ram Nagina Singh s/o late Ram Jatan Singh 6. Arjun Prasad Singh, s/o Mosaffir Singh 7. Smt. Moti Raj Devi, wife of Yadu Nandan Singh 8. Sunil Kumar Chourasiya, son of late Gopal Sharan Chourasiya 9. Manoj Kumar s/o late Gopal Sharan Chourasiya 10.Shekhar Kumar s/o late Gopal Sharan Chourasiya 11. Ram Bilas Singh s/o late Ram Govind Singh 12. Ram Bhushan Sharma, s/o Ram Bilas Singh 13. Bhola Singh s/o late Deo Narayan Singh 14. Smt. Raj Kumari Devi, s/o Sri Bhola Singh All resident of Mohalla- Sipahi lane Singra Asthan, P.S. Rampur, District-Gaya. Versus 1. THE STATE OF BIHAR through the Collector, Gaya, District- Gaya 2. The Sub-divisional Officer, Sadar Gaya, District- Gaya. 3. The L.R.D.C.Gaya, District- Gaya 4. The Circle Officer Town Anchal, Chandauti, Gaya, District- Gaya. 5. The Municipal Commissioner, Gaya Municipal Corporation, Gaya, District- Gaya. --- For the Petitioner: Mr. Devendra Kumar,Advocate For the Gaya Municipal Corporation: Mr. Ravindra Kumar Priyadarshi,Adv. ----------- 3. 17.2.2009 Heard learned counsel for the petitioners, learned Government Pleader No.4 for the State and learned counsel for the Gaya Municipal Corporation. The petitioners have come to this Court for quashing the notice dated 1.7.2008 issued by the Circle Officer, Town, Gaya in Encroachment Case No.26 of 2008-09 for removing/ demolishing their respective houses from Khata No.17 Plot No.110 situated at Sipahi Lane, Alamgirpur, Gaya. The grievance of the petitioner is that with respect to the 2 same matter Miscellaneous Case ( Illegal Demand ) No. 1 of 2007-08 was instituted against the petitioners, which was decided against the petitioners by order dated 15.4.2008 of the Deputy Collector, Land Reforms, Sadar Gaya. Against the same, the petitioners have filed Demand Cancellation Appeal Nos. 29 to 33 of 2008 respectively. It is stated that the matter is still pending before the Collector, Gaya and in the meantime, the Encroachment Case No. 26 of 2008-09 has been started and the impugned notice dated 1.7.2008 has been issued. On a consideration of the facts and circumstances of the case, the writ application is disposed of with a direction to the Collector, Gaya to dispose of the Demand Cancellation Appeal Nos. 29 to 33 of 2008 within a period of three months from the date of receipt/ production of a copyof this order. It is expected that the authorities shall not demolish the houses of the petitioners until a final decision is taken in the said appeals. VPS ( Ramesh Kumar Datta,J.)