IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.423 of 2007 Shamsuddin Quraisi & Ors Versus The State Of Bihar & Anr 5 8.7.2011 KHAN The petitioners pray for quashing the order dated 5.12.2003 whereby they have been directed to remove the encroachment from an internal passage within the village Lakari passing through Survey Plot No.1508 and Survey Plot No.1496 by20.12.2003, failing which the encroachment would be removed with force and due penalty could be imposed. The case of the petitioners is that they parted some portion of their raiyati land for passage which was being used by the residents of the locality. The petitioner submits that on account of complaint made by some persons, the respondent no.5 passed impugned order dated 5.12.2003 directing the petitioners to remove the encroachment. He further submits that the impugned order has been passed without giving any opportunity of hearing. A counter affidavit has been filed on behalf of the State wherein in paragraph 5 it has been stated that the petitioners have encroached upon the public land. It appears that the impugned order has been passed in the year 2003 and the instant writ application has been filed in the year 2007. As the facts of the case are disputed, the petitioners may seek their remedy before a competent court of civil jurisdiction. With the aforesaid observation, this writ petition stands disposed of. (S.P.Singh,J) 2