IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.241 of 2005 BAIJ NATH PATHAK, son of late Babue Lal Pathak, resident Of Haripur Ailoth, P.S. Musarigharari, District Samastipur ….Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector, Samastipur, 3. The S.D.O.Samastipur 4. The Circle Officer, Samastipur, 5. Jagdish pathak, son of late Ramawatar Pathak 6. Upendra Pathak son of Sri Jagdish Pathak. 7.Ram Nandan Pathak 8. Sashidhar Pathak. 9. Yogendra Pathak, all sons of Markandey Pathak. Respondent no.5 to 9 all are resident of Haripur Ailoth, P.S. Musarigharari, District Samastipur ……Respondents. ----------- For the petitioner: Mr. Gajendra Kumar Jha, Advocate. Mr. Sushil Kr. Jha, Advocate. For the State: Mr. Bibhkar Tiwary, A.C. to SC.21. --------- 2 28.04.2011 The petitioner has filed the present writ petition raising a grievance against the notich dated 24.12.2003 (Annexure-1) issued by respondent Circle Officer, Samastipur, asking him to produce his documents in support of his claim of right and title over a plot of land bearing plot No. 4641 area 25 decimals, which is said to be Gair Majrua Khas land. 2. Learned counsel for the petitioner summits that the impugned notice is completely misconceived. However, he has fairly conceded that in response to the aforesaid notice, the petitioner has not submitted his show cause. 3. After hearing the parties for some time, this court is of the considered opinion that petitioner must file his show cause before the respondent Anchaladhikari, within a period of four weeks from today. He shall be at liberty to raise all his pleas 2 before respondent Anchaladhikari, including the plea that the issue has been finally decided by his predecessor. After show cause is filed by the petitioner within the time prescribed, accompanied by a certified copy of the present order, respondent Anchaladhikari shall be obliged to take a final decision in the matter in accordance with law by a speaking order, after giving an opportunity of hearing to the petitioner and other concerned persons, within a period of three months from the date of filing of such show cause. 4. It is made clear that, if no show cause is filed by the petitioner within the time prescribed by this Court, with a certified copy of the present order, then it shall be construed that the present writ petition has finally been rejected by this Court. 5. With the aforesaid observations and directions, the writ petition stands finally disposed of. No costs. Rahman/ ( Birendra Prasad Verma, J.)