IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.38 of 2009 Radhey Krishna Pathak, son of Late Narain Lal Pathak, Resident of Kathgachi, Panch Mahalla, P.S. Civil Lines, Dist. Gaya ………… Petitioner Versus 1. The State Of Bihar 2. The Collector, Gaya 3. The Sub-Divisional Officer, Gaya 4. The Anchal Adhikari, Nagar Anchal, Chandauti, Gaya …………. Respondents. ----------- For the petitioner:- Mr. Nand Kishore Pd. Singh, Advocate For the State:- Mr. Satyapal Norottam, AC to GP 19. ---------- 2. 05.03.2009 The petitioner is aggrieved by the notice dated 18.9.2008 as contained in Annexure-8 issued under Section 3 of the Bihar Public Lands Encroachment Act by which the petitioner was directed to appear on 15.12.2008 before the Circle Officer, Town, Gaya and file his objection as to why he should not be restrained from making the encroachment and why the encroachment should not be removed. Learned counsel for the petitioner submits that it appears from the notice that already it has been held to be a public land and thus nothing remained for him to state before the Officer concerned although the same is the raiyati land of the petitioner over which his Pacca house is standing. It is evident from the notice in question that it is under Section 3(1) of the Act and it was incumbent upon the petitioner to have appeared before the Circle Officer and filed his show cause to the said notice. In the above circumstances, the writ application is - 2 - disposed of with a direction to the petitioner to appear before the Circle Officer, Town, Gaya along with his show cause on or before 23rd March, 2009 and thereafter the Circle Officer shall dispose of the matter in accordance with law. Until a final order is passed by the Circle Officer on the show cause of the petitioner, no coercive step shall be taken against the petitioner. S.Pandey (Ramesh Kumar Datta, J.)