IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14977 of 2008 1. Ram Kumar Prasad son of late Narad Prasad Residence of Village- Rajpur, P.S.- Keshariya, District – East Champaran. 2. Surendra Prasad @ Surendra Kr. Son of Ram Kumar Prasad. 3. Hira Lal Prasad son of late Sheo Sah. 4. Kanhai Prasad son of late Sheo Sah. 5. Chandrika Prasad, Son of Late Ramcharitar Sah All residence of village- Rajpur, P.S.- Kesariya, District- East Champaran. Versus 1. The Collector, East Champaran, Motihari. 2. S.D.O. Chakiya Division, East Champaran, Motihari. 3. Anchaladhikari, Kalyanpur Block, Chakiya, East Champaran, Motihari. ----------- 2 12.08.2011 Heard learned counsel for the petitioner and the State. The petitioner has prayed for quashing the notice issued by respondent no.3 on 29.08.2008 by which petitioners were directed to remove the encroachment within 15 days from the date of receipt of the notice over the land appertaining to Thana No. 195, Khata No. 418, Plot No. 2325 and if they fail to remove the encroachment, a proceeding under Section 188 of the I.P.C would be initiated. In pursuance to that, the petitioner appeared and filed show cause claiming the land to his raiyati lands. 2 A counter affidavit has been filed on behalf of the State which reflects that Encroachment Proceeding No. 2/07 under the Public Land Encroachment Act was initiated and the order was passed on 29.08.2008 whereby it was held that the land in question is recorded as Sairat in the Revenue Records and the petitioner was directed to remove the encroachment, though neither the impugned order bears any number of the encroachment case nor it reflects that the petitioner was declared encroacher. In view of the alternative remedy of appeal, the petitioner is permitted to file appeal before the appropriate authority when the appropriate authority will consider to condone the delay in filing the appeal in view of the pendency of the writ application before this Court. With the above observation, this writ application is disposed off. Amrendra/ (Dinesh Kumar Singh, J)