IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14973 of 2009 1. SHAUKAT ALI S/O LATE ABDUS SHAKUR R/O MOMIN TOLA, WARD NO.9, P.O.- MADHUBANI, P.S.- MADHUBANI SADAR, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE MADHUBANI 3. THE CIRCLE OFFICER RAHIKA, MADHUBANI ----------- 2/ 04/03/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims to be the lawful purchaser through a registered sale deed of the lands situated at Khata No.312, Khesra No.89 having an area of 10 Dhoors. He is stated to have his residential premises along with a shop on the lands. He is aggrieved by orders dated 9.10.2009 and 30.10.2009 by Anchal Adhikari, Rahika at Madhubani holding his house and shop to be an encroachment and directing him to vacate it failing which it will be removed. Learned counsel for the petitioners submits that no proceedings under the Bihar Public Land Encroachment Act has been initiated, much less prior notice or opportunity to defend. The counter affidavit of the respondents does not deny this fact. The petitioner claims title through a registered sale deed. The respondents in their counter affidavit assert that the sale deed is a forged, fabricated document without consideration. The power which is available to the Civil Court alone to declare a 2 sale deed as null and void has been arrogated by the respondents unto themselves without any authority of law. The impugned orders dated 9.10.2009 and 30.10.2009 are accordingly set aside. If the respondents propose to start fresh land encroachment proceedings under the Bihar Public Land Encroachment Act, they shall be obliged to adequately discuss the judgement of the Supreme Court in (1982) 2 SCC 134 ( Govt. of A.P. v. Thummala Krishna Rao) that complicated questions of title, which from the counter affidavit of the respondents necessarily appears to be so in the present case, cannot be decided in a summary proceeding under the Bihar Public Land Encroachment Act. The writ application is allowed. KC ( Navin Sinha, J.)