IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11139 of 2008 Anil Kumar Mishra, son of Late Kamlapati Shastri, resident of Priyadarshi village, North of Nallah Chak More, Ps and District Jehanabad – Petitioner. Vs. 1) The State of Bihar through the District Magistrate, Jehanabad. 2) The District Magistrate, Jehanabad. 3) Circle Officer, Jehanabad – Respondents. 3 3.11.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by Annexure 11, dated 17.2.2008 which is a notice issued to the petitioner to remove the encroachment over khata no. 350, plot no. 214, measuring 18’ x 19’. In the said notice it is mentioned that the petitioner should remove the encroachment within twenty four hours. The facts are that Encroachment Case No. 37/2007-08 was initiated against the petitioner. Firstly an Amin and thereafter an Advocate Commissioner was appointed to take measurement of the land in question. The Advocate Commissioner came to the conclusion that the petitioner had encroached upon 101.05 sq. link of land. There being a discrepancy in the reports of the Amin and the Advocate Commissioner, another Amin was appointed and measurement was taken in the presence of the petitioner. The third report shows that there was encroachment on plot no. 214 to the extent of 18’ x 19’. By the notice contained in Annexure 11, the petitioner was directed to remove the encroachment within twenty four hours. The action of the then Anchal Adhikari, Jehanabad vide notice, dated 17.2.2008 is to say the least rather unreasonable. It was proper for the Anchal Adhikari to pass an appropriate order and thereafter order removal of encroachment after following due process of 2 law. The petitioner would have the right to appeal against the order passed by the Circle Officer. By Annexure 11 all these procedures were given a go by which in the opinion of this court, is absolutely uncalled for and not envisaged by law of the land. Such action of the State authorities are to be deprecated. At this stage, this court can pass no order in favour of the petitioner by asking the authorities to restore the possession of the petitioner, as there is a prima facie finding by the Amins that the petitioner had encroachment on the land. The dispute remains with respect to the extent of encroachment. This court, therefore, directs that the Circle Officer should pass an appropriate order after considering the three reports of the Amins as well as the Advocate Commissioner. The petitioner would be at liberty to challenge that order by filing an appeal. The Circle Officer concerned who has acted in a manner which has resulted in demolition of the encroachment within twenty four hours should be brought to book by the State authorities. The petitioner is directed to produce a copy of this order before the Collector, Jehanabad and the Circle Officer, Jehanabad within one month from the date of its receipt. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)