IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9294 of 2011 Saryug Singh Versus The State Of Bihar & Ors ----------- 2 21.7.2011 The petitioner prays for quashing the notice dated 3.5.2011 issued by the Circle Officer, Sheikhpura for demolition of construction made on 1.52 acres of land situated in Mauza Hathiyawan, P.S. Sheikhpura, now falling within newly formed Sheikhpura district. The case of the petitioner is that his ancestors got settlement of 27 decimals of land out of 1.52 acres of land appertaining to Khata No.191, Khesra No.348 in the Mauza Hathiyawan. The respondents allege that the petitioner has constructed a house, some part of which encroached public land by 1.57 sq. kari. A land encroachment proceeding bearing Encroachment Case No.1/01-02 was initiated by the Circle Officer, Sheikhpura. The encroachment case was decided against the petitioner and it was found that the petitioner has constructed house by making encroachment on public land. The petitioner in paragraph 13 has stated that he has filed an appeal in the year 2003 but the same has not yet been disposed of. The petitioner submits that after filing of writ application, he learnt that the appeal bearing Misc. Case No.1/06 has been dismissed by the District Magistrate, Sehikhpura for non- 2 KHAN prosecution. The petitioner has filed an Interlocutory Application bearing I.A. No.4839 of 2011 for setting aside the order dated 6.2.2006 passed in Misc. Case No.1/06. The petitioner submits that he has good case on merit and if the appeal is restored, he can show to the learned Collector that no encroachment has been made on public land. The petitioner further submits that he would be filing restoration petition within ten days from today and is willing to deposit the necessary cost for restoration of Misc. Case No.1/06. Counsel for the State submits that the Circle Officer, Sheikhpura in his order has found that the petitioner has encroached 1.57 sq.kari of public land. He submits that the petitioner should have moved this court earlier if he had any grievance against the order dated 6.2.2006 passed in Misc. Case No.1/06. As the petitioner is ready to file restoration petition within ten days from today with necessary cost, as may be determined by the learned Collector, this court observes that the restoration petition be disposed of within three weeks from the date of its filing in view of the facts and circumstances of the case. Status quo, as of today, would be maintained for two weeks. With the aforesaid observations, the instant writ petition stands disposed of. (S.P. Singh,J) 3