IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9369 of 2008 Manager Musahar son of late Mahesh Musahar, resident of village- Bhagwanpur, P.S.- Bhagwanpur, District- Kaimur. Versus 1. The State Of Bihar 2. The District Magistrate, Kaimur. 3. The Additional District Magistrate, Kaimur. 4. Sub-Divisional Officer, R.C.d. sub-Division (Bhabhua) 5. Officer-In-Charge, Bhagwanpur Police Station, Bhagwanpur, Kaimur (Bhabua) ----------- 2 21.07.2011 The petitioner has challenged the issuance of notice dated 08.02.2008 as contained in Annexure-1, whereby, the petitioner was asked to submit show cause for removal of the encroachment from plot no. 827 in the Mauja Bhagwanpur, P.S.- Bhagwanpur, District- Kaimur. The claim of the petitioner is that the land was settled on 09.01.1987 and purcha was issued in favour of the petitioner vide Annexure-2. The claim of the respondent is that the land was acquired by P.W.D., Department for construction of the road, but revenue records were not corrected. Subsequently, in pursuance to the direction passed in P.I.C., vide C.W.J.C. No. 3602/2000, the settlement in favour of the petitioner has been cancelled, though, the relevant record has not been brought on record, but communication to the Circle Officer, Bhagwanpur Vide letter no. 771 dated 29.07.2003 has been - 2 - recorded in paragraph 10 to the counter affidavit. It is submitted by learned counsel for the petitioner that the cancellation order has never been served to the petitioner nor the petitioner was ever noticed before resorting to the cancellation proceeding. In the circumstances, the writ application is disposed off with a liberty to the petitioner to challenge the cancellation order before the appropriate forum when the appropriate forum shall consider to condone the limitation, in view of the pendency of the writ application before this Court and in view of the fact that the order of cancellation has not been served on the petitioner till date. It is expected from the office of the District Magistrate, Kaimur to supply the cancellation of settlement order within a period of two weeks of the application for issuance of the same being made by the petitioner. With the above observation, this application is disposed off. Amrendra/- (Dinesh Kumar Singh, J.)