IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5220 of 2008 ====================================================== Syed Ahmad Moid @ Syed Md.Bachchu, son of late K. B. Moid @ Deputy Moid Ahmad, resident of village Chakandra, Police Station Chewara, District Sheikhpura .... .... Petitioner/s Versus 1. The State Of Bihar through the Secretary, Revenue and Land Reforms Department, Bihar, Patna 2. The Collector, Sgheikhpura 3. The Sub Divisional Magistrate, Sheikhpura 4. The Anchal Adhikari, Chewara, Police Station Chewara, District Sheikhpura .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nitiranjan Jha Mr. Anand Mohan Verma For the Respondent/s : Mr. (Gp18) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 4 20-10-2011 The petitioner is aggrieved by the order dated 06.02.2008 by which he has been asked to remove the encroachment over Khesra No. 1363, Khata No. 191 which has been described in the order as contained in annexure-8. The petitioner’s case is that the mother of the petitioner Bibi Zohra became a co-sharer landlord in the village Chakandra, Police Station Chewara in the district of Sheikhpura by virtue of purchase of Milkiat right in the year 1925-26. She obtained plot nos. 1524 and 1525 under a deed of exchange dated 09.10.1935 for constructing a residential house and after Patna High Court CWJC No.5220 of 2008 (4) dt.20-10-2011 2 / 3 2 the exchange in 1936, she has constructed a house for which the Zamindari tax has been paid by her. It is further stated that to the north of the exchanged land, there was a wide strip of high lands attached to the said plot bearing C.S. Plot No. 1363. It is a pond Gair Mazarua Malik but has become useless over the years. A very small portion of this land came under the constructed area of the petitioner’s house built by the mother of the petitioner in the year 1936. In support of this contention, the petitioner refers to the Fardapashi prepared at the time of cadastral survey. The case of the State, on the other hand, is that the pond in question vested in the State of Bihar and, therefore, the petitioner has no title over the lands in question. The petitioner had filed a show cause in the Encroachment Case No. 03 of 2008. Without considering any of the materials or records that were produced by the petitioner, an absurd order has been passed by the Circle Officer, Chewara holding that the petitioner has encroached upon the lands, without looking into the documents of title of the petitioner, the cadastral survey khatiyan or the revisional survey khatiyan. It is not proper to pass an order in a proceeding under the Land Encroachment Act without considering all the materials in the Patna High Court CWJC No.5220 of 2008 (4) dt.20-10-2011 3 / 3 3 case. I, therefore, quash Annexure-8 dated 06.02.2008 and remand the matter back to the Circle Officer, Chewara to decide this matter afresh after looking into all the documents of title and getting the lands measured, if necessary. This writ application is disposed of with the aforesaid observations and directions. Prabhakar Anand/- (Sheema Ali Khan, J)