IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16417 of 2001 SHANKAR DAS Versus THE STATE OF BIHAR & ORS ----------- 8. 25.09.2008. Heard learned counsel for the petitioner and the State. None appears for Private Respondent No. 5 although he has been served with the notice of these proceedings. 2. It is submitted on behalf of the petitioner that he was served with notice dated 28.06.2000, Annexure-2 from the Circle Officer, Madhuban in the District of East Champaran asserting that he was in illegal possession of 33 decimals of land of Plot No. 515, appertaining to Khata No. 66 of Village Taskari which was allotted to Dharikshan Paswan, son of Saryug Paswan after its acquisition in a ceiling proceeding initiated under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. 3. Aforesaid notice dated 28.06.2000, Annexure- 2 was challenged by the petitioner in the High Court by filing C.W.J.C.No. 10457 of 2000 which was disposed of under orders dated 20.10.2000, Annexure-3 directing the petitioner to file his show-cause reply before the Circle Officer. In compliance of the aforesaid direction petitioner filed his reply, which is dated 17.11.2000 and - 2 - is contained in Annexure-4 to this application. 4. It is submitted on behalf of the petitioner that after receipt of the reply petitioner was never given any notice to appear in the proceeding but was served with a fresh notice dated 29.11.2001, Annexure-1 to vacate his possession of 33 decimals of the aforesaid land. The subsequent notice was challenged by filing the present writ application in which the authorities have filed a counter affidavit and have annexed the order-sheet dated 04.05.2000 to 08.12.2001, as contained in Annexure-A and has submitted on the basis of the order-sheet that his show-cause reply, Annexure-4 was rejected under orders dated 16.11.2001, whereafter notice dated 29.11.2001, Annexure-1 was issued. In this connection it is further submitted with reference to the service-report contained in Annexure-B that after receipt of the show- cause reply, Annexure-4 petitioner was also served with notice to appear in the proceeding and service report is dated 30.06.2000. 5. Counsel for the petitioner disputes the aforesaid service report as according to him the witnesses in whose presence the service is said to have been effected are literate yet have given left thumb impression in token of the fact that notice was served in their presence. - 3 - 6. Without going into the correctness or otherwise of the service report, I direct the petitioner to file appeal against the order dated 16.11.2001 and the notice dated 29.11.2001, Annexure-1 before the Collector of the District who should consider the matter with reference to the record and thereafter pass appropriate orders in accordance with law. 7. Let the petitioner file an appeal before the Collector of the District against the order dated 16.11.2001 along with a certified copy of this order on or before 11th of November, 2008, which should be considered and disposed of in accordance with law as early as possible, in any case within a period of six months from the date of filing of the appeal. 8. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)