IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16268 of 2008 1. CHITRANJAN YADAV, SON OF LATE INDRA KISHORE YADAV 2. ANJANI YADAV, SON OF LATE BIRANCHI YADAV. 3. NAWALKISHORE YADAV, SON OF BIRANCHI YADAV. 4. CHANDRA KISHORE YADAV, SON OF BIRANCHI YADAV. 5. ABHYAS KUMAR YADAV SON OF LATE RAGHUBANSH YADAV. 6. OM PRAKASH YADAV, SON OF LATE SHEO NANDAN YADAV. 7. NANANDLAL YADAV @ NANND KISHORE YADAV, SON OF LATE SHOE NANDAN YADAV. 8. BIRO YADAV @ TIRO YADAV, SON OF LATE YUGAL YADAV, ALL RESIDING IN VILLAGE RABRI NAGAR PAURA, P.S. GOGRI DISTT. KHAGARIA. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DISASTER MANAGEMENT DEPARTMENT. 3. THE COLLECTOR, KHAGARIA. 4. THE LAND ACQUISITION OFFICER, KHAGARIA. 5. THE SUB DIVISIONAL OFFICER, GOGRI. ----------- 04. 09.12.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the notice dated 18.10.2008, Annexure-2 series, whereunder the Sub-Divisional Officer, Gogri has directed the petitioners to vacate the lands in question, failing which they shall be forcibly removed from the lands in question. Perusal of notice dated 18.10.2008 indicates that the same has been issued in the light of the orders of this Court passed in M.J.C. No.377 of 2002. Order dated 30.9.2004 passed in M.J.C. No.377 of 2002 is contained in Annexure-1 to this application, perusal whereof does not indicate that under the said order High Court had directed the authorities to forcibly evict the persons occupying the lands in question. Even otherwise proceedings taken for eviction of the unauthorized occupants has to proceed in a reasonable manner granting the unauthorized occupants reasonable opportunity to challenge the final - 2 - order. 3. Having heard counsel for the parties, I direct the Sub- Divisional Officer, Gogri to consider the show cause reply of the petitioners, which they must file before the Sub-Divisional Officer along with a certified copy of this order, as early as possible, in any case within one week from the date of receipt of this order by the Sub- Divisional Officer, who should grant opportunity of being heard to the petitioners and pass final order in the matter, as early as possible, in any case within two weeks from the date of receipt of the reply of the petitioners granting reasonable opportunity to the petitioners to approach the higher authorities in case eviction is ordered. Interim order dated 19.11.2008 is vacated. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)