IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17894 of 2009 1. TARNI SHARMA S/O KAMLESHWARI SHARMA R/O VILL.- NAYATOLA (AWAS BOARD), P.O.- KOSHI COLLEGE, P.S.- CHITRAGUPT NAGER, DISTT.- KHAGARIA Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, MUNGER DIVISION, MUNGER 3. THE DISTRICT MAGISTRATE, KHAGARIA 4. THE SUB-DIVISIONAL MAGISTRATE, KHAGARIA 5. THE CIRCLE OFFICER, KHAGARIA CIRCLE, KHAGARIA 6. THE CIRCLE INSPETOR, KHAGARIA CIRCLE, KHAGARIA 7. SRI TARNI RAJAK S/O RUPLAL BAITHA R/O VILL.- AWAS BOARD NAYA TOLA, P.O.- KOSHI COLLEGE, P.S.- CHITRAGUPT NAGER, DISTT.- KHAGARIA ----------- 03. 15.03.2011 Heard learned counsel for the petitioner, for the State and for the respondent no.7. The petitioner is aggrieved by the letter dated 28.11.2009 issued by the S.D.M., Khagaria directing the petitioner to vacate the house occupied by him standing on Khata No. 20 (K), Khesra No. 409, Touzi No. 4958, having an area of 1-19-4 decimal, Thana No. 268 situated at Mouza- Sanhauli. It appears from an order of the Sub Divisional Officer, Khagaria dated 21.7.2009 that certain structures were made by the State Government to rehabilitate the persons displaced due to floods and erosion. The controversy surfaced between the petitioner and respondent no.7 on the issue who was rightfully entitled to the house property and to continue in possession. It is not in dispute between the counsel for the parties that eviction proceedings against the petitioner at the behest of the State Government under the Bihar Public Eviction of Unauthorized Occupants Act is pending before the S.D.M.-cum- House Controller, Khagaria. 2 The Court does not consider it proper to make any observation on the merits of the matter lest it prejudice the case of either of the parties before the Housing Controller. By consent of counsel for the parties, this writ application is simply disposed off with directions to the Housing Controller to dispose off the pending proceedings before him within a maximum period of three months from the date of receipt/production of a copy of this order. The parties shall be at liberty to raise all objections in accordance with law before the House Controller. The application stands disposed. P.K ( Navin Sinha, J.)