IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7482 of 2009 Kalawati Devi, wife of Ram Khelawan Rai @ Ram Khelawan Paswan, Resident of Mohalla-Bangala Asthan, Maharani Road, P.S.-Kotwali, District-Gaya. -Petitioner. VERSUS 1. The State of Bihar, through the Collector, Gaya. 2. The Collector, Gaya. 3. Sub Divisional Officer, Gayaa. 4. Gaya Municipal Corporation, Gaya through its Chief Municipal Officer, Gaya. 5. Chief Municipal Officer, Gaya Municipal Corporation, Gaya. -Respondents. ----------- 07 30.10.2009 Petitioner professes to be owner of the certain lands situated under the Gaya Municipal Corporation. He found that a part of his land was wrongly recorded as Municipal Land and accordingly he filed a suit against Municipality for correction of Municipal records so that he could enjoy his property with unblemished title. In the suit status quo order was passed. Not withstanding the aforesaid the Sub- Divisional Officer, Gaya Sadar initiated proceedings for removal of encroachment from public road. Being threatened of demolition the petitioner came to this Court. A counter affidavit has been filed by the State on behalf of the Sub-Divisional Officer, Gaya Sadar. In the counter affidavit, it has been stated that he was not aware of the Civil Court proceedings and orders passed therein. He would not proceed in the matter any further till the matter is not decided by the Civil Court. Mr. P.N. Shahi, learned Senior counsel appearing for the petitioner states that even surprisingly the Municipality has made no objection of encroachment against the petitioner, why the Sub- - 2 - Divisional Officer should take it upon himself to take such an action at all. He further points out that it is wrong on behalf of the Sub- Divisional Officer that he was unaware of the order of the Civil Court not being a party to the civil suit. Be that as it may, in view of the categorical statement in the counter affidavit that the Sub-Divisional Officer was unaware of the civil suit and the interim order passed therein. In my view, Annexure-5 the impugned order of the Sub-Divisional Officer to the Circle Officer for removal of encroachment cannot be permitted to continue. It is accordingly quashed. The writ application is allowed. Trivedi/ (Navaniti Prasad Singh, J.)