IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.18269 OF 2011 1. RAVINDRA MALI SOJ 2. MAHENDRA MALI 3. VIJAY MALI @ VIJAY SHANKAR MALI 4. SHIVJI MALI, ALL SONS OF KAPIL MALI, BELAON, NAVANAGAR, BUXAR. VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR BUXAR 3. ANCHAL ADHIKARI, NAVANAGAR, BUXAR. ---------------------------------- 2 22.11.2011. Petitioners pray to quash the notice dated 22.9.2011, issued by respondent no.3 in Encroachment case no. 2 of 2011-12 by which they have been directed to vacate the land appertaining to Old Khata no. 200, old plot no. 652, New Khata no. 505, plot no. 463, having an area of 4 ½ decimals of land situated at Mauja Belaon within the Buxar district. The petitioners submit that the aforesaid land was settled with their ancestors by Late Maharaja of Dumraon in the year 1945 through deed of Patta no. 4938 dated 1.7.1945. After settlement, the petitioners and his ancestors constructed the house over the same and part of area is being used as Sahan. The petitioners submit that show cause notice was given to which he field the reply. But no hearing as required under Section 5 of the Bihar Public Land Encroachment Act, 1956 was provided to them. 2 They further submit that the impugned order, passed by the Circle officer, Navanagar is in violation of section 5 of the aforesaid Act. In the facts and circumstances of the case, I direct the petitioners to appear before the Circle officer, Navanagar within three weeks with a copy of this order. The Circle officer would fix the date of hearing, on which date the petitioners would appear in person or through his advocate and would produce all relevant documents in support of his claim. In case, the petitioners do not appear before the Circle officer on that date, it will be open for Circle officer to pass appropriate order in accordance with law. With the aforesaid direction this writ petition is disposed of. Status quo as of today would prevail for three weeks. Shashi. (Samarendra Pratap Singh,J.)