IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10537 of 2008 RUSHDAH KHATOON & ORS Versus THE STATE OF BIHAR & ORS ----------- 4. 20.8.2008 Heard learned counsel for the petitioners and learned Standing Counsel No. 4 for the State. The petitioners seek quashing of the order dated 10.6.2008/20.6.2008 contained in Annexures-5 and 6 respectively passed by the Circle Officer in Encroachment Case No. 01/2007-08 by which he has directed the petitioners to remove the encroachment from Plot No. 135, Area 0.36 decimal of Dargah Peer Pahar, Nafa Sahab, P.S. Kotwali, District- Munger. Learned counsel for the petitioners refers to the order dated 10.6.2008/20.6.2008 in which without going into the show cause filed by the petitioners and considering the documents enclosed with the show cause, the Circle Officer has come to the conclusion that it appears that the petitioners have made encroachment of land of Khas Mahal. It is submitted that the order, which shows a complete non-application of mind by the competent authority under the Bihar Public Land Encroachment Act, amounts to a failure to exercise jurisdiction in accordance with law. Learned Standing Counsel No. 4 opposes the stand of the petitioners by referring to Section 11 of the Bihar Public Land Encroachment Act which provides for an appeal against the said order to the Collector of the District. It is submitted that the writ petition is 2 not maintainable since there is an alternative remedy available to the petitioners. The rule of alternative remedy is not a complete bar to the exercise of jurisdiction by the writ Court, particularly when it is found that the original authority has passed an order on a complete non-application of mind without dealing with the materials brought on the record by the petitioners. In such circumstances, the only order even an appellate authority can pass is to remand the matter back to the Circle Officer to decide afresh in accordance with law. Hence, in such circumstances, the plea of alternative remedy cannot stand in the way. The writ application is accordingly allowed. The impugned order dated 10.6.2008/20.6.2008 as contained in Annexures 5 and 6 are accordingly quashed and the matter is remanded back to the Circle Officer, Sadar, Munger to decide the matter afresh in accordance with law. P. Kumar (Ramesh Kumar Datta, J.)