IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9794 of 2002 SHEO PRASAD DAS Versus THE STATE OF BIHAR & ORS ----------- 10 12.11.2009. Heard learned counsel for the parties. The petitioner prays for quashing of order dated 28.6.2002, issued in Encroachment case no. 5 of 2002-03 by the Circle officer, Buxar directing to show cause as to why he be not restrained from making encroachment and why the encroachment be not removed from an area of .025 acres of land appertaining to Khata no. 509, plot no. 542 situated in mauza Buxar over which a Garaze has been constructed. The petitioner submits that in view of State Government policy he was granted settlement over the land. Rent was also fixed. He further states that it is not a case of encroachment and portion of construction alleged to be an encroachment has already been removed. State counsel has filed counter affidavit stating therein that out of total encroached land of 21.5 decimals, the petitioner had no documents for 12.5 decimals land. For the remaining 9 decimals land, the CO found that the S.D.O., Buxar fixed ground rent vide Case no. 18 of 1990-91. The CO passed an order to remove encroachment on 12.5 decimals of land and filed an appeal in the court of Collector against order of S.D.O. against settlement of 9 decimals land. It is stated that substantial encroachment has already been removed prior to passing of this interim order. It appears from the counter affidavit that the matter is - 2 - pending before the Collector, Buxar. Having heard the parties, this Court observes that the Collector, Buxar should decide the issue after giving opportunity of hearing both sides, preferably within a period of two months from the date of receipt of this order. As there is an interim order passed by this court on 6.9.2002, I direct that till final order is passed by the Collector, Buxar, status-quo as of today would be maintained. The writ petition stands disposed of with aforesaid directions. Shashi. (Samarendra Pratap Singh,J).