IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.138 of 2007 INDRANATH JHA Versus THE STATE OF BIHAR & ORS ----------- 7 29.7.2008 In the instant writ petition the petitioner prays for a direction to the respondents to implement the order dated 26.6.2000 passed by the Sub Divisional Officer, Jhanjharpur, Madhubani in Misc.Case No. 310 of 1999 whereby a direction was given to the Circle Officer, Jhanjharpur to remove the encroachment on Khesara No. 107 and 108 of Khata No.104. Learned counsel for the petitioner submits that the disputed land is his own raiyati land and the miscreants have illegally encroached upon his land. Learned counsel for the State files an affidavit stating therein that the order dated 26.6.2000 passed by the Sub Divisional Officer, Jhanjharpur, Madhubani has been set aside by the Collector, Madhubani by order dated 12.4.2007 passed in Encroachment Case No. 8/07-08. He submits that the aforesaid order has been passed during the pendency of this writ petition. Learned counsel for the petitioner submits that no notice was issued to him before passing the impugned order and Collector has erred in law in setting aside the order of the S.D.O. dated 26.6.2000 without condoning the delay of over seven years. Considering the facts and circumstances of the case, the petitioner may file an appropriate application/appeal/revision against the order dated 12.4.2007 passed by the Collector before appropriate - 2 - KHAN forum for redressal of his grievances. In case such an application/ appeal/ revision is filed, the same would be disposed of expeditiously. It is made clear that the delay in filing of the same would be considered sympathetically as the petitioner was agitating his grievances before this court. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)