IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15501 of 2009 1. INDRADEO YADAV S/O LATE RAM KHELAWAN YADAV VILL.- GOSAIN TOLA PATWARA, P.S.- RAJNAGAR, DISTT.- MADHUBANI 2. BISHNUDEO YADAV S/O LATE MAHAVIR YADAV VILL.- GOSAIN TOLA PATWARA, P.S.- RAJNAGAR, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER DARBHANGA COMMISSIONER, DARBHANGA 3. THE DISTRICT MAGISTRATE MADHUBANI 4. THE DEPUTY DEVELOPMENT COMMISSIONER MADHUBANI 5. THE SUB-DIVISIONAL OFFICER MADHUBANI 6. THE CIRCLE OFFICER RAJNAGAR ----------- For the Petitioner : Mr. Shailendra Kumar For the State : Mr. Anil Kumar Jha 2 23.11.2009 Petitioners are aggrieved by the notices and directions issued by the Circle Officer, Rajnagar by which he has informed the petitioners that they have allegedly encroached upon the land of a school at Gosain Tola, District- Madhibani and must immediately vacate the same otherwise they would be forcibly evicted. Petitioners challenge the said order on the ground that they have been in possession of that piece of land for several decades. They have further stated that no proceedings under Public Land Encroachment Act or any such proceedings have been initiated nor the title, right and interest of the petitioners in respect of the land, which is occupied by them, have at all been considered. In my view, before any such notice can be issued, a proceeding under Public Land Encroachment Act is must. That is the rule of law. In such a proceeding, if it is initiated, the petitioners would have full opportunity to defend themselves and establish their rights, which would be considered by 2 the authority in a proceeding duly constituted for the said purpose in accordance with law. From series of orders impugned , the only thing that appears is that the Circle Officer has got the land of the school measured and thus find petitioners to be encroachers , that is not sustainable. Such a finding can only be given in a proceeding, as noted above after following the procedure, as above. Rule 3(A) of the Constitution clearly establishes that no person can be deprived of his property except in accordance with procedure established by law. The procedure being there, the Circle Officer would be well advised to adopt such proceeding before taking any final action in the matter. Till such time in a duly constituted proceeding, the matter is considered, the notice, as impugned, would not be given effect to. This disposes of the writ petition. Singh (Navaniti Prasad Singh, J.)