IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1047 of 2008 Shree Chandra Das, S/o. late Bachchu Das, R/o. Vill- Dinara, P.S. Dinara, Distt. Rohtas, Sasaram. Versus 1. The State Of Bihar through the Secretary, Revenue Department, Government of Bihar, Old Secretariat, Patna. 2. The Collector, Rohtas (Sasaram). 3. The Circle Officer-cum-Blockk Development Officer, Dinara, P.S. Dinara, District- Rohtas, (Sasaram). 4. Halka Karamchari, Dinara, P.S. Dinara, District- Rohtas (Sasaram). 5. Radhika Raman Prasad, S/o. Late Kali Singh, R/o. Vill. Girdharia, P.S. Dinara, District- Rohtas, (Sasaram). ---------------------------------- 03. 29.09.2011 Heard the learned counsel for the petitioner and counsel appearing on behalf of the State. Petitioner has prayed for quashing the notice dated 06.06.2007 passed in Case No.1 of 2007-08. The case of the petitioner is that the lands were settled with the petitioner by the State of Bihar about 35 years ago and as such he cannot be removed from the land in question. The Circle Officer-Cum-Block Development Officer, Dinara, District- Rohtas issued notice to the petitioner. Petitioner filed show-cause. After filing show cause the Circle officer is not taking appropriate decision in the matter. This Court does not appreciate the conduct of the Circle Officer, Dinara inasmuch as no public authority should be allowed to harass the citizens in such a manner. If the Circle Officer thought it proper to bring a proceeding under the encroachment he ought to have considered show cause and heard the matter instead of lingering this matter. I, therefore, quash the notice dated 06.06.2007 on the ground of delay and laches of the authority concerned. 2 Quashing the notice dated 06.06.2007, does not preclude the authorities from restarting the encroachment case if it is found necessary. This writ application is disposed of. Mkr. (Sheema Ali Khan, J.)