IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15408 of 2007 Sri Nath Singh, son of late Raghubir Singh, resident of village- Bharat Kasba, P.S.- Karakat (Gorari), District- Rohtas. ....Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Revenue and Land Reforms, Government of Bihar, Old Secretariat, Patna. 3. The Collector, Rohtas at Sasaram. 4. The Land Reforms Deputy Collector, Bikramganj, Rohtas. 5. The Circle Officer, Karakat (Gorari), Rohtas. .....Respondents. ----------- 02- 5.3.2009 Heard Mr. Hemendra Prasad Singh for the petitioner, and Mr. Mithilesh Kumar Upadhyay, learned assistant counsel to Standing Counsel No.2 (Ceiling). This writ petition is directed against the notice bearing letter no.295, dated 26.9.2007 (Annexure-1), issued by respondent no.5, whereby the petitioner has been called upon to vacate 1.83 decimals of land of khesra Nos.156, 157, 165, 166, 167, appertaining to khata nos.114, 113 and 115 because the petitioner has allegedly illegally encroached upon the same, being Government land. 2. It appears that the materials do not suggest that respondent no.5 had issued 2 show-cause notice to the petitioner to explain whether or not he is in illegal possession of 1.83 decimals of land, or he is in possession of the same by virtue of his registered sale-deed. In that view of the matter, respondent no.5 is directed to treat the aforesaid notice dated 26.9.2007 (Annexure-1) as show-cause notice to the petitioner. Let him show-cause before respondent no.5 explaining his position, which shall be disposed of by respondent no.5 after affording opportunity to the petitioner and by a reasoned order. The petitioner shall not be dispossessed until disposal of the matter in accordance with law. 3. The writ petition is accordingly disposed of. (S K Katriar, J.) S.K.Pathak/