IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17567 of 2009 Sarfroj Aalam, Son of Mahfuz Khan, Resident of Lohanipur, PS Akbarpur, District Nawada ---- Petitioner. Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The District Magistrate, Nawada. 3. The Block Development Officer, Akbarpur, Nawada. 4. The Circle Officer, Akbarpur, Nawada. 5. Samoda Khatoon, Wife of Abdul Salam Khan. 6. Abdul Slam Khan, Son of Late Ali Ahmad Khan. 7. Chanda Khatoon, Son of Abdul Slam Khan. 8. Md. Pati Ahmad, Son of Md. Hanif Khan. 9. Md. Gulrej Khan, Son of Md. Abdul Slam Khan All residents of Sakin Lohanipur, PS Akbarpur, District Nawada. ------ Respondents. ----------- 4 17.11.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the private respondents. The petitioner is aggrieved by the order dated 15.12.2008 by which the District Magistrate, Nawada has ordered that the encroachment made by the petitioner on lands supposedly belonging to the State of Bihar should be removed within a period of 25 days. This matter was first heard on 6.1.2011. This Court had observed that the respondents could initiate a proper proceeding under the Public Land Encroachment Act and pass final orders after giving due opportunity to the petitioner and thereafter pass a proper order. It would appear on perusal of the counter affidavit that the order of the District Magistrate, Nawada 2 has been passed suo motu on a complaint filed by Samoda Khatoon who has no concern over the said land. In the result, the order impugned 15.12.2008 is quashed because it has been passed without following any procedure laid down under the law and without hearing the petitioner thus flouting the principles of nature justice. The State-respondents are given liberty to institute a proper land encroachment proceeding in the matter, if so advised. This application is allowed. Sanjay (Sheema Ali Khan, J.)