IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9660 of 2010 Gopal Choudhry S/O Late Mahesh Choudhry @ Passi R/O Mohalla- Baitarni Talab, Ghughri Tand, P.O.- Chand Chaura, P.S.- Civil Line, Distt.- Gaya Versus 1. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna 2. The District Magistrate, Gaya 3. The Circle Officer, Gaya ------------------- 04/ 13.10.2011 Heard Mr. Anil Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Pankaj Kumar, Assisting counsel to G.A. 8 for the State. The writ petition has been filed seeking a direction restraining the respondents from proceeding to demolish the residential house of the petitioner standing over the portion of land bearing C.S. Khata No. 131 (old), C.S. Plot No. 20458 (old) corresponding to Revisional Survey Plot No. 803 and Revisional Municipal Khata No. 596, Tauji No. 3160 admeasuring one khata situated at Mohalla Ghughritand, Baitarni Talab, Thana No. 11, Survey Ward No. 24, Anchal-Town-Block-Gaya, District-Gaya. It is the case of the petitioner that the portion of land where the homestead of the petitioner is situated was settled with him by the ex- landlord as back as in the year 1920 through a Hukumnama and after vesting of the State under the Bihar Land Reforms Act, 1950, the name of the father of the petitioner has been entered into Register-2 and petitioner has been obtaining rent receipt also. It is contended that copies of the rent receipt for the year 1966- 67 and the Hukumnama have been appended as Annexure-1 to the writ petition. It is stated that despite the aforesaid position the respondents in purported exercise of power vested under the Bihar Public Land 2 Encroachment Act, 1956, are trying to disturb the possession of the petitioner over the land in question and the house situated thereon and feeling aggrieved the petitioner has also filed a Title Suit giving rise to Title Suit No. 19 of 2009 seeking, inter alia, a declaration of the title over the land in question and which is pending consideration before the learned Munsif-I, Gaya. Learned counsel submits that in similar circumstances in the case of Sanjay Malakar and Ajay Yadav against whom similar proceeding had been initiated, the Circle Officer has refrained from proceeding further in view of the pendency of the Title Suit. He thus submits that the Circle Officer in identical circumstances cannot treat the petitioner differently and proceed against him. Having heard learned counsel appearing on behalf of the parties and considering the documents demonstrating occupancy of the petitioner over the land in question since the year 1920 and considering the rent receipt issued in this regard as also having regard to the fact that a Title Suit has been filed by the petitioner for declaration of title over the land in question and which is pending before the court of learned Munsif-I, Gaya, the Circle Officer, Gaya respondent no. 3 is directed to refrain from proceeding any further in the matter until the final outcome of Title Suit No. 19 of 2009. With the aforesaid observations the writ petition is disposed of. S.Sb/- (Jyoti Saran, J.)