IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14270 of 2009 1. VISHWANATH SHARMA S/O LATE RAMDHARI SHARMA VILL.- SAPAHI, P.S. TURKAULIA, DISTT.- EAST CHAMPARAN 2. JAGANATH MISHRA S/O LATE KASHINATH MISHRA VILL.- SAPAHI, P.S. TURKAULIA, DISTT.- EAST CHAMPARAN 3. NAKCHHED RAUT S/O LATE SHEO BARAN RAUT VILL.- SAPAHI, P.S. TURKAULIA, DISTT.- EAST CHAMPARAN Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY LAND REFORMS DEPTT., GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER-CUM-SECRETARY LAND REFORMS DEPTT., GOVT. OF BIHAR, PATNA 3. THE COMMISSIONER TIRHUT DIVISION, MUZAFFARPUR 4. THE COLLECTOR EAST CHAMPARAN, MOTIHARI 5. THE SUB-DIVISIONAL OFFICER SADAR, MOTIHARI, EAST CHAMPARAN 6. THE DEPUTY COLLECTOR LAND REFORMS, SADAR, MOTIHARI, EAST CHAMPARAN 7. THE CIRCLE OFFICER TURKAULIA ANCHAL, TURKAULIA, EAST CHAMPARAN 8. RAM NARESH SINGH S/O SATYANARYAN SINGH VILL.- SAPAHI, P.S. TURKAULIA, DISTT.- EAST CHAMPARAN ----------- 2 16.11.2009 Learned counsel for the petitioners states that a Revenue Misc. Case no. 2/1007-08 was initiated pursuant to orders passed in Case no. 3739 SKM/2008 in which order was passed by the Sub- divisional Officer, Sadar , Motihari. The said case being Revenue Misc. Case no. 2/2007-08 was initiated by the Anchal Adhikari, Turkaulia for removal of encroachment. By the impugned order, as contained in Annexure 9, the Sub-divisional Officer, sadar , Motihari has directed the Circle Officer to take immediate steps in the matter and show cause why proceedings be not initiated against him for not disposing of the Revenue Misc. Case no. 2/2007-08. Petitioners state that in the said encroachment 2 proceeding, he has already filed a show cause without finalizing the proceedings and now action is being taken to remove the encroachment. Having heard learned counsel for the petitioners, as apparent from Annexure 9 itself, the Subdivisional Officer, Sadar , Motihari, East Champaran has just brought to the notice of the Anchal Adhikari that the said encroachment has been pending and no steps are being taken therein. There is no further direction to take action for demolition of encroached property. In my view, it is evident that till Revenue Misc. Case no. 2/2007-08 is pending before the Anchal Adhikari and till such time final orders are not passed therein, no action can be taken for removal of alleged encroachment. However, as apparent from Annexure 9, the proceedings are pending since November, 2007, the Anchal Adhikari, Turkaulia, East Champaran would be well advised to conclude the proceedings after hearing all the parties and pass final orders within a period of three months from today. For three months aforesaid, steps will not be taken to remove the alleged encroachment, as alleged in those proceedings. With the above observations and directions, this writ petition stands disposed of. Singh (Navaniti Prasad Singh, J.)