IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1753 of 2009 1. BINDESHWARI PASWAN son of Phudan Paswan 2. Surendra Paswan, son of Charitar Paswan, residents of village Khagra Makchmara, Post Office, Police Station and District- Kishanganj. Versus 1. THE STATE OF BIHAR 2. The Collector, Kishanganj 3. The Circle Officer, Kishanganj --- 3. 17.2.2009 Heard learned counsel for the parties. The petitioner seeks quashing of the notice dated 11.12.2008 (Annexure-5) issued by the Circle Officer, Kishanganj under Section 3 of the Bihar Public Land Encroachment Act, 1956. Learned counsel for the petitioner states that the notice straight way directs the petitioner to appear before the Circle Officer, Kishanganj; otherwise the encroachment will be removed forcibly. Although the notice dated 11.12.2008 is not properly worded in the sense that instead of Section 3 (2), the reference is made to Section 2 (2) of the said Act, yet from the purport to the notice, it is evident that the petitioner is required to appear before the Circle Officer along with his show cause as to why the alleged encroachment over the public land should not be removed, since the petitioner claims the same to be his raiyati land. The writ application is, accordingly, disposed of with a direction that if the petitioner files his show cause before the Circle Officer, Kishanganj to the notice dated 11.12.2008 within a period of two weeks from today, then the same shall be considered and the matter disposed of by the Circle Officer, Kishanganj in accordance with law. VPS ( Ramesh Kumar Datta,J.)