IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10813 of 2010 Md. Abid Hussain son of Late Wazuddin, Resident of village-Dhapi, P.S.Jokihat, District-Araria. ….. Petitioner. Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The District Magistrate, Araria, District-Araria. 3. The Sub-Divisional Officer, Araria, District-Araria. 4. The Circle Officer, Jokihat, P.S.Jokihat, District-Araria. ….Respondents. ----------- For the petitioner : Mr. Satish Chandra Mishra, Advocate. Mr. M.Z.Qumar, Advocate. Mr. Md. Nurul Hoda, Advocate. For the State : Mr. Shailendra Kumar Jha, Advocate. A.C. to S.C.9. -------- 04/ 29.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition is being finally heard and decided at this stage itself at the instance of learned counsel for the parties. 2. This writ petition has been filed by the petitioner challenging letter no.825 dated 05.07.2010 issued by the Circle Officer, Jokihat (respondent no.4) on the letter of S.D.O. Araria (respondent no.3) bearing letter no.695 dated 30.06.2010 directing the petitioner to remove his house (encroachment) from plot no.2394 failing which his house will be demolished and removed. 3. Learned counsel for the petitioner submits that the said order was passed without initiation of any proceeding in accordance with law due to which he was unable to produce his evidence to show that he was not in possession of plot no.2394 - 2 - which is a public land (part of road), rather he is in possession of plot no.2393 which is his ancestral land and the title of father with respect thereto was even confirmed by a decree of the trial court. 4. In the aforesaid facts and circumstances of this case, the aforesaid impugned orders of the authorities concerned (Annexure-4) are hereby quashed with a liberty to the concerned authority, namely the Collector under the Act, to initiate a proceeding of encroachment case under the provisions of Section 3 of the Bihar Public Land Encroachment Act, 1956 after due notice and if it is found that the petitioner is in possession of any public land, appropriate order may be passed and action should be taken with respect thereto. 5. With the aforesaid directions/observations, this writ petition is disposed of. Sunil (S. N. Hussain, J.)