IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5653 of 2008 Krishnadeo Mahto, S/o. Late Mohan Mahto, R./o. Vill. Pathrahi (Tola- Bhurkuria), P.S. Ladania, District- Madhubani. Versus 1. The State Of Bihar. 2. The District Collector/Magistrate, Madhubani. 3. Superintendent of Police, Madhubani. 4. Sub-Divisional Officer (S.D.O.) Jay Nagar, District- Madhubani. 5. Cricle Officer, Ladania, District- Madhubani. 6. The Head Master, Government Primary School, Pathrahi, Tola- Bhurkuria, P.O. Pathrahi, P.S. Ladania, District- Madhubani. 7. Bechu Narayan Sahni, Mukhiya, Gram Panchayat Raj Pathrahi, P.O. Pathrahi, P.S. Ladania, District- Madhubani. ---------------------------------- 03. 29.09.2011 The petitioner has challenged the order by which she has been asked to remove the encroachment over Khata No. 159, Khesra No. 2434, Mauja- Pathrahi. The case of the petitioner is that he has acquired the land in the year 1951 and is paying revenue to the State of Bihar. The Mukhiya and Circle Officer are acting on the dictates of the villagers, who have claimed the land as public land and declared that the petitioner has no title over the land in question. A Misc. Encroachment Case No.15 of 2002 was initiated before the Sub- Divisional Officer, Jayanagar. The said case was dismissed on 20.01.2004 for non-appearance of the private respondents. Thereafter the respondents or others did not move before the Sub- Divisional Officer to restore the proceeding or for any other cause. It has been submitted on behalf of the petitioner that the S.D.O. cannot remove the petitioner except by due process of law. This Court finds that apart from the letter of Mukhiya there is no other material to show that possession of the petitioner is being disturbed. Under the circumstances, this Court cannot pass 2 any positive order in favour of the petitioner, except to say that if the petitioner is aggrieved by any action of the private respondents or the State authorities, he shall have the right to make a proper representation before the concerned authority. With the aforesaid observation, this writ petition is disposed of. Mkr. (Sheema Ali Khan, J.)