IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19476 of 2010 1. VINAY KUMAR 2. MANOJ KUMAR. 3. SANJAY KUMAR ALL SONS OF LATE RAJ KISHORE YADAV 4. VINOD KUMAR. 5. PROMOD KUMAR BOTH SONS OF LATE SHYAM NARAYAN YADAV. 6. JAY YADAV. 7. RAMJI PRASAD 8. LAL BABU PRASAD. 9. VIJAY YADAV, ALL SONS OF LATE RAM LAKHAN YADAV ALL RESIDENT OF NAYA TOLA KUMHRAR, P.S. SULTANGANJ, DISTRICT PATNA………….Petitioners Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, PATNA. 2. THE ADDITIONAL COLLECTOR, PATNA. 3. THE DISTRICT LAND ACQUISITION OFFICER, PATNA. 4. THE SUB-DIVISIOINAL MAGISTRATE, PATNA CITY DISTRICT PATNA. 5. THE CIRCLE OFFICER, PATNA SADAR BLOCK, DISTRICT PATNA. 6. THE BLOCK DEVELOPMENT OFFICER, PATNA SADAR DISTRICT PATNA…………………………..Respondents ----------- 2 01.12.2010 Heard both sides Petitioners question Annexure- 6 Series which are the notices issue to them for vacating the lands claims to be in their respective possession. It is the stand of the petitioner that earlier a proceeding was initiated vide Jamabandi cancellation Case no. 01 of 2007-08 (Annexure-4), where after they filed their respective objections (Annexure-5), and the said proceeding is still pending. In the mean while they were served with the impugned notices which indicate that a separate and distinct Jamabandi Cancellation Case No. 06 of 2007-08 has been instituted. 2 Learned counsel submits that the petitioners are still in possession of their respective tracts/parcel(s) of land. Petitioners have not been able to demonstrate that they have appeared in the said proceeding and orders adverse to their interest have already been passed. Learned counsel appearing on behalf of the State, on the other hand, submits that the appropriate course available to the petitioner would be to respond to the notice and file their respective objections/replies and take the stand that there is already separate and distinct proceeding pending against them vide Jamabandi Cancellation Case no. 01 of 2007/2008. In my view, the stand taken by the State appears to be reasonable. Let the petitioners respond to the impugned notice (Annexure-6 series) and file their respective objections/applications/representations within three weeks from today, where after the respondent Anchal Adhikari should consider and disposed of the same in accordance with law. This Court expects that the application/objection/representation of the petitioners shall be disposed of within 02 months of their filing(s). For six (6) weeks from today, no coercive step shall be taken against the petitioners. The application is disposed of. Amrendra ( K.K. Mandal. J) 3