IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10022 of 2010 Ram Bachan Singh, son of late Bhimal Singh, resident of village Sonchari, P.S. Parwalpur, District Nalanda. ……. Petitioner versus 1. The State of Bihar through the Secretary, Department of Land Reforms, Government of Bihar, Patna. 2. The District Magistrate, Nalanda 3. The Circle Officer-cum-Anchaladhikari, Parwalpur, District Nalanda. 4. Bishwajeet Kumar, son of Mukul Kumar, resident of Village Sonchari, P.O. Sonchari, P.S. Parwalpur, District Nalanda. …. Respondents. ----------- 05/ 05.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This petition has been filed by the petitioner challenging notice dated 15.06.2010 (Annexure 7) issued by the Circle Officer, Parwalpur in the district of Nalanda for removal of encroachment by 19.06.2010 with respect to the construction made on plot no. 2703. 3. It transpires that Encroachment Case No. 03 of 2006-2007 was initiated at the instance of the private respondent against the petitioner, who contested the claim stating that he was duly recorded with respect to the land in question and hence he is not an encroacher. The said encroachment case was allowed on 13.05.2010 (Annexure 6) by the said Circle Officer directing the petitioner to remove the said encroachment by 29.05.2010. 4. It further transpires that on 29.05.2010 itself the petitioner filed Land Encroachment Appeal No. 02 of 2010 under 2 the provision of section 11 of the Bihar Public Land Encroachment Act before the learned Collector, Nalanda, which was taken up on 01.06.2010 and was admitted, whereafter the record was called for and the case was fixed for the next date i.e. 13.07.2010. 5. Learned counsel for the petitioner submits that in the said circumstances there was no occasion for the Circle Officer to send a notice on 15.06.2010 for demolition of the construction/alleged encroachment by 19.06.2010. 6. On the other hand, learned counsel for the State vehemently contests the claim of the petitioner and states that since the order of removal of encroachment was passed by the Circle Officer and the said order was not stayed by the appellate authority, the Circle Officer was quite justified in issuing the impugned notice dated 15.06.2010 for demolition of the encroachment made by the petitioner. 7. Considering the facts and circumstances of the case, this writ petition is disposed of with a liberty to the petitioner to file an interlocutory application before the Collector, Nalanda in Land Encroachment Appeal No. 02 of 2010 for stay of operation of the impugned order of the Circle Officer dated 13.05.2010 passed in Encroachment Case No. 03 of 2006-2007 and if such an application is filed by the petitioner by 13.07.2010, the Collector shall decide the said application expeditiously in accordance with law within three weeks thereafter. 8. The respondents shall co-operate the appellate 3 authority in early disposal of the said interlocutory application. Till then, operation of the impugned notice of the Circle Officer dated 15.06.2010 (Annexure 7) shall remain stayed. MPS/ ( S. N. Hussain, J. )