IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20040 of 2011 1. Smt. Shashi Kala Devi @ Shashi Kala Wife Of Sanjay Singh Resident Of Mohalla Piparpati, Police Station-Sherghati, District-Gaya, Owner Of Royal Hotel Village-Gopalpur, Police Station-Sherghati, District-Gaya. Versus 1. The State Of Bihar Through District Magistrate, Gaya. 2. The District Magistrate, Gaya. 3. The Sub-Divisional Officer, Sherghati, Gaya. 4. The Circle Officer, Sherghati Block, Gaya. For the Petitioner : Mr. Mrigank Mauli, Advocate Mr. Pramod Kumar, Advocate For the State : Mr. SC 9 2 25.11.2011 The petitioner seeks quashing of the notice dated 3.11.2011 passed by the Circle Officer, Sherghati Block in the district of Gaya in Encroachment Case No.94/11-12. The petitioner submits that though the survey Khatian has been prepared in the name of State of Bihar but it appears that one Moti Devi was in possession of the disputed land. The aforesaid Moti Devi sold her land measuring 11 ¼ decimals to one Krishna Chandra Mishra in Plot No.412. The petitioner is purchaser of the aforesaid land from one Krishna Chandra Mishra and had constructed a Hotel and since then is coming in possession over the same. The petitioner has challenged the notice dated 3.11.2011 whereby she was directed to show cause by 11.11.2011 as to why the encroachment made by her on public land be not demolished. The petitioner further submits that as per provision she ought to have been given three weeks time to file show cause. The petitioner states that she appeared on 11.11.2011 and sought for time which was not allowed and on the same day final order has been 2 KHAN passed. The petitioner submits that even an opportunity of hearing has been denied to her. I have heard counsel for the petitioner and the State. It appears that the impugned order has been passed without providing sufficient opportunity to the petitioner and as such there has been denial of an opportunity of hearing which renders the impugned order unsustainable in law. The Circle Officer, Sherghati Block, Gaya is directed to consider the show cause of the petitioner and thereafter may pass appropriate order in accordance with law. Till then, the respondent authorities are restrained from removing the alleged encroachment contained in the notice dated 3.11.2011 passed by the Circle Officer, Sherghati Block in Encroachment Case No.94/11-12. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)