IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18312 of 2011 1. Jiyavati Devi @ Jiya Devi W/O Late Tapeshwar Thakur Resident of Village + P.S. And District-Sheohar. 2. Bindeshwar Thakur S/O Late Tapeshwar Thakur Resident of Village + P.S. And District-Sheohar. 3. Chandeshwar Thakur S/O Late Tapeshwar Thakur Resident of Village + P.S. And District-Sheohar. Versus 1. The State Of Bihar Through Collector Sheohar. 2. Nagar Panchayat Sheohar Through its Chairman. 3. Executive Officer, Nagar Panchayat Sheohar, At & District:-Sheohar. 4. Anchal Adhikari, Sheohar Anchal, At & District:-Sheohar. 5. Anchal Inspector, At Anchal & District Sheohar. ---------------------------------- 2 08.11.2011. Heard learned counsel for the petitioners and the respondents. Petitioners pray for quashing notices dated 25.8.2011 & 22.9.2011, issued by the Circle officer, Sheohar in Encroachment case no. 1/11-12, by which he issued direction for demolition of their residential house standing on R.S.plot no. 5527 on the ground that the same has been constructed on the land of the Nagar Panchayat, Sheohar. Petitioner no. 1, mother of petitioner nos. 2 & 3, purchased the land in question measuring 1 Katha from one Kawal Tkahur S/o Nona Thakur of Sheohar. The petitioners submit that by mistake of the survey authorities, 3 decimals of the land belonging to the 2 petitioners was amalgamated with R.S.Plot no. 5527 and the area of R.S.Plot no. 5526 was reduced to 2 decimals. The petitioners filed an application for rectification of the same before the consolidation authorities at Sheohar. Thereafter an Amin was deputed to take measurement. The Amin submitted his report and after due consideration of the report, the sale deed, and the receipt granted by the State of Bihar, the Asstt. Consolidation officer on 10.5.1978 ordered for necessary correction in the revisional map and revisional Khatiyan by withdrawing 3 decimals of land from the south of R.S. plot no. 5527 and adding it to the north of RS plot no. 5526 belonging to the petitioners. The petitioners further submit that a portion of his house has already been demolished. Counsel for the State submits that the petitioners should have filed their representations before the respondents first, before moving this Court. This Court, without going into the merits of the case, observes that the petitioners may file a detailed representation before the Collector, Sheohar within a period of two weeks from today which would 3 be disposed of within a period of further four weeks. In case an application for condonation of delay is filed, the same would be considered sympathetically. In the meantime, demolition of petitioners’ house is stayed for a period of eight weeks from today. The writ petition stands disposed of. Shashi. (Samarendra Pratap Singh, J.)