IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.254 of 2005 MD.ANWER SON OF MD. HAMID RESIDENT OF MOHALLA- GOLAKPUR, P.S. PIRBAHORE, P.O. MAHENDRU DISTRICT PATNA. --- PETITIONER. Versus 1. THE STATE OF BIHAR 2. LAND ACQUISITION OFFICER, PATNA. 3. DEPUTY COMMISSIONER, PATNA COMMISSIONARY PATNA (LAND ACQUISITION BRANCH). 4. CIRCLE OFFICER, PATNA SADAR, PATNA. 5. VICE-CHANCELLOR, PATNA UNIVERSITY, PATNA – RESPONDENTS. ----------- 2/ 29-04-2011 The present writ petition has been filed with a prayer for setting aside a notice (Annexure-1) issued by respondent- Circle Officer, Patna Sadar to the petitioner in Encroachment Case No. 9 of 2004-05, asking him to show cause as to why the land acquired for Engineering College, Patna has been encroached upon by him and why final order should not be passed for removal of such encroachment. It appears that the petitioner, without filing any show cause in response to said notice, has rushed to this Court by filing the present case. In the considered opinion of this Court, the petitioner ought to have submitted a show cause before respondent- Anchal Adhikari and if he has any right and title over the land in question, he should have produced all the documents in support of his claim. The show- cause notice was issued in the year 2004 and learned counsel appearing on behalf of the petitioner is not in a 2 position to inform to this Court as to whether the said proceeding has finally been concluded or is still pending before the respondent- Anchal Adhikari, who is the Collector under the meaning of the Bihar Public Land Encroachment Act, 1956( in short Act). This Court is of the view that no useful purpose will be served by keeping this matter pending any longer before this Court. If the aforesaid encroachment case is still pending before respondent Anchal Adhikari, then the petitioner must submit his show cause within a period of four weeks from today, accompanied by a certified copy of the present order, which shall be considered in accordance with law and proceeding shall be disposed of at an early date, preferably within a period of three months from the date of filing of such show cause. However, if the encroachment proceeding has already been concluded and final order has been passed in terms of section 6 of the Act, then the petitioner would be at liberty to challenge the aforesaid order in appeal as prescribed under section 11 of the said Act. With the aforesaid observations/directions, the writ petition stands disposed of. BTiwary/ (Birendra Prasad Verma, J.)