IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6410 of 1993 SATYA NARAIN PRASADJAISWAL SON OF RAGHUNANDAN PRASAD JAISWAL, RESIDENT OF HOSPITAL ROAD, KISHANGANJ, P.S.- KISHANGANJ. DIST. KISHANGANJ. ……… Petitioner Versus 1. THE STATE OF BIHAR. 2. COLLECTOR, KISHANGANJ. 3. CIRCLE OFFICER, KISHANGANJ. ………. Respondents ----------- 4 19.01.2010 Heard Mr. Devendra Kumar Sinha for the petitioner, and Mr. Rana Ishwar Chand, learned Assistant Counsel to Government Pleader no. 13. This writ petition is directed against the order dated 19.04.1993 (Annexure-5), passed by the learned Collector of the district of Kishangunj in Case no. 97 of 1990/4 of 1991 (Satya Narain Prasad Jaiswal versus The State of Bihar), whereby, in purported exercise of powers under Section 11 of the Bihar Public Land Encroachment Act, 1956(hereinafter referred to as the Act), the petitioner has been declared to be encroacher of public lands, and has been directed to be evicted by force. It is relevant to state that the declaration has been made by the learned authorities under the Act in summary procedure. It is with respect to the alleged encroachment of land measuring 0.05 decimals of Mauza Dumaria, Ward no. 3, Holding no. 11, Batwara Plot no. 15 and 16 (pat) belonged to Mauza Dumaria and was in possession of one Sri Chunilal Choudhary. 2. It appears to us from a perusal of the materials on record that the petitioner has already instituted Title Suit no. 184 of 1989 (Satya Narain Prasad Jaiswal versus The State of Bihar) 2 in Civil Court at Kishangunj. 3. The writ petition is, therefore, disposed of with the observation that the impugned order shall abide the result/adjudication in the suit. pkj (S.K. Katriar, J.) ( Kishore K. Mandal, J. )