IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.801 of 2006 Suresh Pandit S/o Late Ram Kishun Pandit, resident of village- Sihorwan, P.S. Mirganj, District Gopalganj……. Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Gopalganj 3. Lalan Singh, S/o Late Bigan Singh, R/o village- Sihorwan, P.O. Pachphera, P.S. Mirganj, District Gopalganj…. Respondents 02/ 18.01.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 12.11.1999/24.10.2001 passed by the Collector-cum- District Magistrate, Gopalganj in Encroachment Case No. 13 of 1997, Annexure-4 to this application on the ground that the said order has been passed directing the petitioner to remove the encroachment from the lands in question without looking into the entries made in the Khatiyan with regard to the lands in question. 3. It is submitted on behalf of the petitioner that order dated 12.11.1999/24.10.2001 has been passed in compliance of the orders of the High Court dated 20.11.2000, passed in C.W.J.C. No. 11482 of 2000, Annexure-3, but petitioner was neither heard by the High Court when aforesaid order dated 20.11.2000, Annexure-3 - 2 - was passed nor he was heard when order dated 12.11.1999/ 24.10.2001, Annexure-4 was passed by the Collector, Gopalganj. It is further submitted that if opportunity of hearing provided to the petitioner earlier, he could have placed the Khatiyan before the authorities to establish that the lands in question over which his house exist, is not a public land and is Dih Basgit land of the petitioner. 4. Let the aforesaid submission of the petitioner be considered by the Divisional Commissioner by entertaining appeal filed against the aforesaid order dated 12.11.1999/24.10.2001, Annexure-4 passed in Encroachment Case No. 13 of 1997 after condoning the delay in filing the appeal, as the present writ petition filed against the aforesaid two orders remained pending in this Court for about four years. 5. This writ petition is, accordingly, disposed of . Arjun/ (V.N. Sinha, J.)