IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1025 of 2008 Mahila Mahavidyalay Tekari(Gaya) through its Principal Ramashish Prasad, S/o. late Ramdeo Yadav, r/o. Village- Sahbajpur, P.O. Fatehpur Nepa, P.S. Tekari, District- Gaya. Versus 1. The State Of Bihar, 2. District Magistrate Gaya, District-Gaya. 3. Sub-Divisional Officer Tekari, District- Gaya. 4. Anchal Adhikari Tekari, District- Gaya. 5. Sri Ramjanki @ Belwan Thakurbari through its Mahanth Sri Ramdeo Das P.S. Tekari, District- Gaya. & Ors ---------------------------------- 08. 29.09.2011 The petitioner claims that the land in question belongs to Shri Ramdeo Das, the Mahanth of the Math has been leased to the petitioner vide Annexure-1 on 17.06.1994. All of sudden by letter No.281 dated 26.12.2007 the petitioner has been asked to vacate the said land and all of sudden without notice the S.D.O. has deputed a Magistrate to remove the construction over the land. The petitioner claims that he is running College on the said premises known as Mahila Mahavidyalaya Tikari, Gaya. Notices were issued to respondent No.5 i.e. Sri Ramjanki @ Belwan Thakurbari through its Mahanth Shri Ramdeo Das but nobody appears on his behalf. Without going into the merits of the case and respective claims of the parties, this Court finds that Annexure- 3 has to be quashed simply on the ground that Annexure-3 has been issued without following the process of natural justice. It was incumbent to the S.D.O. to institute Encroachment Case, issue notice to the petitioner and after hearing him pass 2 appropriate order in the matter. With the aforesaid observation, this application is disposed of. Mkr. (Sheema Ali Khan, J.)