IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11080 of 2011 Indra Nath Jha, Son of Late Dharm Nath Jha, resident of Mohalla- Shyamabagh, P.S.- L.N.M.U. Campus, Town and District- Darbhanga. . . . . . Petitioner. Versus 1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna. 2. The Collector-cum, District Magistrate, Darbhanga. 3. The Circle Officer, Darbhanga Sadar, Darbhanga. 4. The Sub-Divisional Magistrate, Darbhanga Sadar, Darbhanga. 5. Kameshwar Singh Darbhanga Sanskrit University through its Registrar, Darbhanga. 6. The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. 7. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. 8. The Estate Officer, Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. 9. Raj Darbhanga through its Trustees, at Maharaja Office, Kameshwar Nagar, Darbhanga. . . . Respondents. ---------------------------------- 2/ 24.08.2011 In the instant writ application, the petitioner prays for quashing the order dated 03.05.2006 passed by the Collector, Darbhanga in Encroachment Appeal No. 26 of 2003, whereby the Collector has remanded the matter to the Circle Officer, Sadar, Darbhanga for initiating fresh proceeding. 2. The petitioner submits that he is residing with his family in Shyamabagh staff quarter situated in Khesara no.5684 (old)/184 (new) since 1969. The land belonged to Raj Darbhanga. He is claiming title on the basis of adverse possession. According to him, a Land Acquisition Proceeding was initiated without giving him notice. He is in physical possession of the staff quarter and in course of Land Acquisition Proceeding he was never ousted. He submits that the outstee under the Land Acquisition Proceeding has to take actual 2 physical possession and not symbolic possession and in support of his submission, learned counsel has referred to paragraph 25 of the judgment in case of B. N. Bhagde Vs. M.D. Bhagwat, reported in A.I.R. 1975 SC 1767. The petitioner has also placed reliance upon a judgment of this Court reported in 1995(2) P.L.J.R. 105, in case of Devendra Prasad Nayak Vs. The state of Bihar & Ors. 3. Dr. K.N. Singh, learned senior counsel appearing for the University, submits that the petitioner’s claim of adverse possession against Darbhanga Raj is still to be estabilihed. He submits that it is not the case of the petitioner that aforesaid premises was transferred to him by way of any document / Hukumnama prior to vesting of Jamabandi or even subsequent to it. He submits that the Land Acquisition Proceeding was initiated against Darbhagna Raj, the holder of the land. 4. I have heard the learned counsel for the petitioner as well as learned counsel for the University. The basis for claiming of right and title over the staff quarter is by way of adverse possession. The petitioner has yet to establish his adverse possession against Darbhanga Raj. The Land Acquisition Proceeding was initiated against the holder of the land. The petitioner has not furnished any document to show that he is holder of land. I further find that by the impugned order the appellate court has remanded the matter to Circle officer, Sadar, Darbhanga for proceeding in accordance 3 with law. It would be open for the petitioner to place his case before the Circle officer, Sadar, Darbhanga. The petitioner will also be at liberty to file a suit to establish his title by way of adverse possession. 5. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)