IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20504 of 2011 Md.Usman Son Of Late Abdul Khair Mian Resident Of Village - Sisaei, P.O. Barauli, P.S. Barauli, Distt. Gopalganj Versus 1. The State Of Bihar 2. The Collector, Gopalganj 3. The Circle Officer, Barauli, P.S. Barauli, District - Gopalganj 4. Halka Karamchari, N. A. C. , Barauli, P.S. Barauli, District - Gopalganj 5. In-charge Medical Officer, Primary Helath Centre Barauli, District - Gopalganj ---------------------------------- 2 01.12.2011. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. The petitioner seeks quashing of order dated 5.11.2011, passed by Circle officer, Barauli, Gopalganj in Encroachment case no. 9 of 2006-07, whereby he has found that former has encroached the land in dispute appertaining to of Khata no. 609 plot no. 762 area 13 khatas 9 dhurs situated in village Bhurkueian, Thana no. 423, Anchal Barauli, District Gopalganj. The petitioner claims to be Sikmidar of the original raiyat. Earlier he had filed C.W.J.C.No. 4464/2010 with a prayer to restrain the respondents from dispossessing her till decision in encroachment case. This Court vide order dated 17.8.2010 directed 2 the Circle officer to dispose of the said encroachment case within two months. The petitioner submits that the order passed by the Circle officer is wholly illegal and without jurisdiction. Counsel appearing for the State submits that there is no infirmity in the order of Circle officer. Furthermore, there is statutory remedy of appeal, as such, the petitioner may avail the remedy of appeal. The Circle officer exercised his power vested as per the provisions of Encroachment Act. Thus the impugned order cannot be said to be passed without jurisdiction. The writ petitioner may challenge the impugned order in respect to any illegality occurring in the order before appellate court. This application is disposed of. Shashi. (Samarendra Pratap Singh, J.)