IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.543 of 2008 Ramashish Paswan, S/o Late Chedi Paswan, R/o Mohalla-Khagra, P.S. Town and District- Kishanganj. ……..Petitioner. Versus 1. The State Of Bihar . 2. The Collector, Kishanganj. 3. The Subdivisional Officer, Kishanganj. 4. The Deputy Collector, Land Reforms Kishanganj. 5. The Circle Officer, Kishanganj. 6. The Executive Officer, Kishanganj Municipality, Kishanganj. 7. The Kishanganj Municipality through its Executive Officer, Kishanganj. …….. Respondents. For the petitioner : Mr. Najmul Hoda, Advocate. For the State : Raj Kamal, AC to SC-XX. ----------- 2. 08.11.2010 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed by the petitioner for restraining the respondent authorities from dispossessing the petitioner from the house in question bearing holding no. 93(39) of Ward No. 25 situated in Mauza- Khagra in the town of Kishanganj. 3. Learned counsel for the petitioner submits that the house was constructed by his father on the said land and rent receipts were being issued in favour of the father of the petitioner and after his death in favour of the petitioner and as such he is residing in the said house in his own right. He further submits that staffs of the Kishanganj Municipality have been threatening him saying that he must vacate the said house otherwise it will be demolished and he will be ousted. However, no specific order in that regard has been produced nor any proceeding is pending with 2 respect thereto before any court of law as claimed by the petitioner. 4. In the said circumstances, this writ petition is disposed of with a direction to the respondent authorities not to oust the petitioner without taking any step in accordance with law either in a suit or in a proceeding under the Bihar Land Encroachment Act. However, if any, such proceeding is initiated at the instance of the respondent authorities, the same will have to be decided on its own merit in accordance with law without being prejudiced by this order. 5. With the aforesaid observations and directions this writ petition is disposed of. Sujit (S. N. Hussain, J.)