IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5993 of 2008 Most. Lalita Devi, wife of Late Fakir Chand Mahto @ Fakira Mahto, Mohalla Ramchandra Pur, PS Laheri, Dist. Nalanda – Petitioner. Vs. 1) The State of Bihar through the Secretary, Revenue and Land Reforms Department, Bihar, Patna. 2) The Dist. Magistrate, Nalanda. 3) The Subdivisional Officer, Bihar Sharif, Nalanda. 4) The Circle Officer, Bihar Sharif Circle, Bihar Sharif Division, Nalanda - Respondents. 3 29.9.2011 Heard learned counsel for the petitioner and the State. This writ petition has been filed for issuance of a writ of mandamus commanding the respondents authorities not to disturb the possession of the petitioner over the lands in question. In brief the case of the petitioner is that he was settlee from the Ex-landlord of the land situate in Tauzi no. 10690, measuring 2 acres and 24 decimals appertaining to plot no. 365, holding nos. 540N, 805 and 806. In the year 1989, an encroachment proceeding was initiated which was decided in favour of the petitioner. The State preferred Appeal Noi. 20/1989. The matter was decided in favour of the petitioner on 15.1.1994. The second proceeding was initiated being numbered as 6 6/2/1996-97 and 9/2/1996-97. This encroachment proceeding against the petitioner was dropped on 24.8.1996. Apparently no proceeding had been initiated thereafter. However, the State authorities are planning to demolish the construction made on the plots aforesaid and have marked the area which they intended to remove. The submission of the petitioner is that the action of 2 the respondents are arbitrary as they cannot demolish any part of the petitioner’s house / other construction without a proper procedure under the law. It is further submitted that the petitioner has now filed a title suit along with an injunction petition under Order 39 Rules 1 and 2 C.P.C. before the Civil court. In the circumstances a proper order in this regard can only be passed by the civil court i.e. Sub Judge I, Bihar Sharif where the title suit is pending. The petitioner should expedite the hearing of the application for stay filed before the court below. The State authorities should also appear as they seem to be aware of the suit in question which has been acknowledged by respondent authorities in their counter affidavit. During the interregnum period the State cannot take any action for removal of the encroachment until there is an order of the competent court. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)