IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5091 of 2011 JAGDEO MANJHI & ORS . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 11/04/2011 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are aggrieved by a show cause notice given to them in Case No.1/10-11 by respondent No.6 as to why they be not ousted from the lands in question being encroachers. The defence is that they are lawful settllees from the original Khatiyani Raiyats as also by grant of valid Parchas in other cases. It is submitted that the writ petition was necessitated because respondent No.6 was refusing to accept the show cause and was threatening to evict them by use of police force as asserted in paragraph-10 of the writ petition. Learned counsel for the State has no objection to the disposal of this application with directions that the petitioners shall submit their reply to the show cause notice before respondent No.5, the D.C.L.R., Bettiah at West Champaran, who shall ensure that it is transmitted and put on the records of respondent No.6 in Misc. Case No.1/10-11 and that respondent No.6 shall grant due opportunity and hearing to the 2 petitioners and thereafter pass a reasoned and speaking order in accordance with. If a show cause notice has been issued and proceedings initiated, the question of ousting the petitioners pre-judging the show cause notice simply does not arise till final adjudicatory orders are not passed. The writ application stands disposed in the aforesaid terms. KC ( Navin Sinha, J.)