IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1441 of 2010 1. BIMLA DEVI W/O LAL BABU CHOUDHARY R/O JAGDISHPUR, P.S. & P.O. JAGDISHPUR, DISTT. BHOJPUR Versus 1. THE STATE OF BIHAR 2. ANCHAL ADHIKARI JAGDISHPUR, DISTT. BHOJPUR ----------- 2. 29.03.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 23.12.2009 issued by the Circle Officer, Jagdishpur directing her to remove the encroachments on Government land committed by her. Learned counsel for the petitioner submits that she has not made any encroachment. She is in lawful possession of her vended land on which her residential house exists. It is next submitted that the impugned order dated 23.12.2009 is a straight away final order without a show cause notice, considering her defence and then passing of an adjudicatory order with a finding. There is no case number mentioned in the notice also. Counsel for the State submits that the petitioner may appear before the Anchal Adhikari, Jagdishpur and raise all these objections. 2 There can be no two opinions of the fact that there is to be first an adjudicatory finding of an encroachment upon public lands and only thereafter can orders be passed for removal of any encroachment. While making such adjudicatory decision, the authorities under the Public Land Encroachment Act cannot decide complicated question of title in a summery proceeding which is to be more appropriately considered by the civil Court only. The order dated 23.12.2009 is not outright a proper proceeding initiated under the Public Land Encroachment Act followed by an adjudicatory finding before it has been issued. Quite obviously, the notice dated 23.12.2009 cannot be enforced in its present form and the petitioner cannot be subjected to any coercive action in pursuance of the same. The application stands disposed in the aforesaid terms. P. Kumar ( Navin Sinha, J.)