IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12046 of 2010 Bhola Ram Mandal, son of late Basudeo Mandal, resident of lMohalla Jhanjharpur, P.S.Jhanjharpur, District Madhubani Versus 1. The State Of Bihar 2. The Collector, Madhubani 3. The Sub-divisional Officer, Jhanjharpur, District Madhubani 4. The Deputy Collector, Land Reforms, Jhanjharpur, District Madhubani 5. The Circle Officer, Jhanjharpur Block, District Madhubani 6. The Circle Amin, Jhanjharpur Block, District Madhubani 7. The Revenue Karmchari, Jhanjharpur Block, District Madhubani … … Respondents For the petitioner: Mr. Baleshwar Kamat,Adv. For the State: Mr Sunil Kumar Mandal, S.C.24 Dr. Abdus Shakoor, A.C. toS.C. 24 ---------------------------------- 2. 22.12.2011 This writ application has been filed challenging the order as contained in Annexure-3. Vide Annexure-1 dated 29.6.2010, the petitioner was asked to show cause as to why the encroachment made by him on Govt. road measuring 10’ X8’ should not be removed by the authorities. The contention of the petitioner is that he filed reply to the show cause notice stating that soak-pit constructed by the petitioner was on his own land which could be easily ascertained by making measurement. Counsel for the petitioner submits that without following any procedure the petitioner has been directed to remove the encroachment, vide order contained in Annexure-3 passed under Section 6 of the Land Encroachment Act. This Court on perusal of the documents produced by the petitioner finds that in fact the procedure was not followed. The Circle Officer should have got the 2 encroachment measured in presence of the petitioner to ascertain whether the said land belonged to the petitioner or to the government. This Court disposes of the writ application without any counter affidavit and the matter is remitted back to the Circle Officer, Jhanjharpur, by setting aisde Annexures- 1, and 3, who will issue notice to the petitioner, get the land measured in presence of the petitioner and after hearing the petitioner pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order. Till the matter is finally decided by the Circle Officer, Jhanjharpur, no coercive steps shall be taken against the petitioner. Kanth ( Sheema Ali Khan, J.)