IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9349 of 2011 1. BISHWANATH SHARMA 2. RANJEETA DEVI 3. PRABHUNATH MISHRA 4. SHEONATH SHARMA 5. BIGAN DEVI 6. NAND PRASAD MAHTO 7. MANA DEVI 8. RAM UDESH RAUT 9. RAM CHANDRA MAHTO, ALL RESIDENTS OF VILLAGE SAPAHA, POLICE STATION TURKAULIA, EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, LAND REFORMS DEPT, GOVERNMENT OF BIHAR PATNA 2. THE COMMISSIONER CUM SECRETARY, LAND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR PATNA 3. THE COMMISSIONER TIRHUT DIVISION, MUZAFFARPUR 4. THE COLLECTOR, EAST CHAMPARAN, MOTIHARI 5. THE SUB DIVISIONAL OFFICER, SADAR, MOTIHARI 6. THE DCLR, SADAR, MOTIHARI 7. THE CIRCLE OFFICER, TURKAULIA ANCHAL, TURKAULIA, EAST CHAMPARAN. ---------------------------------- 2 30/08/2011. The petitioners pray to quash notices dasted 4.5.2011, issued by the Circle officer, Tkurkaulia block, East Champaran in Encroachment cae no. 02 of 2007-08, whereby they have been directed to remove their residential houses by 10.5.2011. Earlier also the petitioners had come to this Court in CWJCNo. 14270 of 2009 which had been disposed of vide order dated 16.11.2009 observing that the Circle officer would conclude the proceedings within three months. 2 This court further observed that no coercive steps would be taken against the petitioners in the meantime. Notice dated 24.3.2011 was issued to the petitioners as to why not encroachment made on public land be removed. The petitioners filed his reply on the assigned date i.e. 2.5.2011 vide Annexure 10. Grievance of the petitioners is that without considering the show-cause, the Circle officer issued another notice contained in Annexure 11. The petitioners are aggrieved by Annexure 11 whereby the Circle officer has again given him notice to remove the encroachment from the road. Learned counsel submits that the Circle officer ought to have passed final order before directing the petitioners to remove the encroachment. He submits that as no final order has been passed, he has not preferred an appeal. Counsel for the State submits that proceeding was already initiated in the year 2007-08 and notice was given to the petitioners to file all the required documents and thereafter Annexure 11 was passed. In my view, let Annexure 11 be treated as final order. The petitioners would be at liberty to file an appeal before the Collector, East Champaran who would dispose of the appeal after hearing all 3 the sides on consideration of documents filed by the respective sides. It will be also open for the petitioners to make a prayer for stay. To enable petitioners to file an appeal, no coercive steps would be taken against them for four weeks. The writ petition stands disposed of. Shashi. (Samarendra Pratap Singh,J.)