IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12025 of 2008 MOKHTAR AHMAD Versus THE STATE OF BIHAR & ORS ----------- 2. 19.09.2008 The writ application has been filed by the petitioner seeking a direction upon the respondent-authorities not to demolish the residential house of the petitioner situated over Khata No. 243, plot No. 4239, measuring about 24 decimals falling within Bettiah Dih, Shekh Dhurwa (Naya Tola) Village of Chanpatia Anchal in West Champaran District. The petitioner claims that the said land, which is Gairmajarua Malik in nature, has been settled with him by the Revenue authorities in the year 2003 on account of the fact that the petitioner and his ancestors had been residing over the same since time immemorial. He has now been approached by the officials of Chanpatia Anchal who orally directed the petitioner to remove his house from the land in question within a period of four weeks and threatened to demolish it in case the same was not done. In this regard he also claims to have filed a petition dated 7.8.2008 (Annexure-5) before the District Magistrate, West Champaran, Bettiah in which reference has been made to the letter no. 1157 dated 16.5.2007 issued by the Circle Officer regarding a proposal having been sent to the Government for construction of a school building over the land of the petitioner. Learned counsel for the State on the other hand submits that there is no chit of paper issued by the authorities to show - 2 - that any action has been taken for the demolition of the house of the petitioner or his removal from the land in question and thus the writ application is premature. On a consideration of the facts and circumstances of the case, I find force in the submission of learned counsel for the State. The writ application is accordingly dismissed. It is however, made clear that any action shall be taken by the authorities in this regard only after following the procedure required by law. S.Pandey (Ramesh Kumar Datta, J.)