IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12214 of 2010 Raj Kishore Mishra, son of late Binda Mishra, resident of village Tilkar, P.O. Keshri Matihan, P.S.Ekma, District Siwan … … Petitioner Versus 1. The State Of Bihar 2. The District Magistrate of Saran at Chapra 3. The Circle Officer, Ekma, P.O. + P.S. Ekma, District Saran at Chapra … . … Respondents ---------------------------------- 2. 22.12.2011 The petitioner is aggrieved by the fact that the Circle Officer, Ekma has issued notice to him as contained in Annexure-1 asking him to remove the encroachment otherwise it has been ordered that steps would be taken to remove the encroachment with the police help. The petitioner has contended that against the order passed by the Circle Officer, he has filed an appeal under Section 117 of the Land Encroachment Act which is numbered as Appeal No. 1 of 2010 before the District Magistrate, Saran at Chapra. The submission is that the Circle Officer cannot proceed to remove him from the alleged encroached land during the pendency of the appeal. The Court accepts the submission. This writ application is, thus, disposed of with a direction to the District Magistrate, Saraan at Chapra, to dispose of the appeal. It is expected that the petitioner will appear before the District Magistrate and co-operate in the appeal so that it may be expedited. No coercive steps against the petitioner pursuant 2 to Annexure-1 shall be taken till the appeal is finally decided by the District Magistrate, Saran at Chapra.. Kanth ( Sheema Ali Khan, J.)