IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11463 of 2010 ----------- Bikrama Prasad, son of Ram Pravesh Barai, resident of village Jailore Bazar, P.O. Andar, P.S. Andar, District Siwan. …… Petitioner versus 1. The State of Bihar through the Commissioner, Saran Division, Chapra 2. The District Magistrate, Siwan. 3. The Deputy Collector Land Reform (DCLR), Siwan 4. The Sub-Divisional Officer, Siwan 5. The Circle Officer, Andar Block, Siwan …….. Respondents -------- For the petitioner : M/s Ranjeet Kumar, Kundan Kumar and Dilip Kumar, Advocates. For the respondents : Mr. C.L.N. Singh, S.C. I. -------- 02/ 26.07.2010 Heard learned counsel for the petitioner. and l counsel for the State. 2. This writ petition has been filed by the petitioner challenging order dated 10.07.2010, by which the Circle Officer, Andar, Siwan has directed the petitioner to remove his alleged encroachment over 4 dhurs of plot no. 2060, appertaining to khata no. 1846, situated in village Jaijore, District Siwan, failing which, it would be vacated by the Administration. 3. Learned counsel for the petitioner submits that Encroachment Case No. 06/2007-08 was initiated against the petitioner and 11 other persons, which was decided against them on 01.10.2007. It is stated that against the aforesaid order the petitioner and others filed Appeal No. 35 of 2007 before the District Magistrate, Siwan, who stayed the order of the Circle Officer, Andar, but subsequently the appeal was dismissed for non- 2 prosecution on 25.05.2008 and, thereafter, Misc. Case No. 24 of 2008 was filed for re-admission of the said appeal, but the same was also dismissed on 30.03.2010 by the District Magistrate, Siwan. He further submits that against the appellate orders, the petitioner filed Appeal No. 46 of 2610 before the Divisional Commissioner, Saran, where the petitioner raised the issue of interim stay of the order of the Circle Officer, Andar, but after hearing, the Divisional Commissioner, Saran adjourned the case on 06.07.2010. It is also stated that the Circle Officer, Andar has extended the time by one week, but the Commissioner, Saran Division, Chapra, is not hearing the case, due to which there is apprehension that the petitioner will be ousted from the land, which he is in occupation on the basis of his own right and possession. 4. In the aforesaid facts and circumstances, the writ petitioner is directed to immediately approach the Divisional Commissioner, Saran Division, Chapra for interim stay, which must be decided one way or the other within fifteen days from the date of receipt/production of a copy of this order. Till then, no coercive step shall be taken against the petitioner if not taken as yet. 5. With the aforesaid observation/direction, this writ petition stands disposed of. MPS/ ( S. N. Hussain, J. )