IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4156 of 2010 Rajesh Dubey Versus The State Of Bihar & Anr ----------- 3. 28.7.2011. Heard Mr. Sheo Shankar Sharma, learned counsel appearing on behalf of the petitioner and Mr. Parth Sarthi, learned Standing Counsel No.10 appearing on behalf of the State. The writ petition questions the action of the respondents in exercise of powers vested under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the Act) and the rules framed thereunder. Learned counsel for the petitioner makes a short submission. He submits that the notice as contained in Annexure-2 has been issued in purported exercise of the powers under section 6 of the Act, sans any duly constituted proceedings as required under the Act. It is contended that neither the petitioner was issued any notice as required under section 3 of the Act nor he was given any opportunity of hearing to defend his case and the Circle Officer, Sasaram has simply proceeded to pass the order under section 6, determining encroachment by the petitioner, vide order as contained in Annexure-2 without 2 following the due process of law. The counter affidavit filed on behalf of the respondents does not dispute this position. In that view of the matter, this court has no option but to quash the notice no.35/2009- 10 as contained in Annexure-2 to this writ petition. Accordingly the writ petition is allowed and the Notice/order as contained in Annexure-2 is quashed and set aside. This order, however, will not preclude the authorities concerned, if so advised, to proceed in the matter, in accordance with law. ahk (Jyoti Saran, J.)