IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5563 of 2009 PAPPU RAI . Versus THE STATE OF BIHAR & ORS . ----------- 3. 18.01.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 31.5.2008 dropping Encroachment Case No. 7 of 2006-07. Learned counsel submits that on 24.5.2008, notices were issued in the Encroachment case preferred by the petitioner to the private respondents calling upon them to vacate the encroached lands. Subsequently, on 31.5.2008 on an application preferred by the aggrieved before the District Magistrate, Begusarai in Janta Darbar, the proceedings have been dropped without any opportunity or notice to the petitioner. Counter affidavit has been filed on behalf of the private respondents. It states that earlier Encroachment Case No. 2 of 2005-06 was initiated at the behest of the petitioner and which came to be dropped on 30.5.2005. This fact also finds recital in the order dated 31.5.2008 presently being impugned. No rejoinder has been filed to the counter affidavit and 2 neither do the pleading in the writ application make any statement with regard to Encroachment Case No. 2 of 2005-06 having been dropped as noticed in the order dated 31.5.2008. While the Court finds substance in the submission on behalf of the petitioner that the order dated 31.5.2008 was ex parte in nature and the proceedings could not have been dropped in the manner done, the Court will not issue a certiorari in routine course, if it shall result in the revival of an illegal proceeding in Encroachment Case No. 7 of 2006-07 when it remains uncontroverted that the earlier proceeding in Encroachment Case No. 2 of 2005-06 was dropped after consideration. The writ application is dismissed. P. Kumar ( Navin Sinha, J.)