Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the notice dated 05.06.2018 passed in Encroachment Case No.01 of 2018-19 by the Collector cum Circle Officer, Chas is under challenge in which the petitioner has been directed to appear on 12.06.2018 and to file show cause as to why such encroachment be not removed.
(2.) It is the case of the petitioner that he is the rightful owner of the landed property in question upon which the notice has been issued, and therefore, the instant writ petition.
(3.) Learned counsel for the petitioner has submitted in course of argument by referring to the interlocutory application that during pendency of the instant writ petition a proceeding under Section 4H of the Bihar Land Reform Act, 1950 has been initiated in which the Deputy Commissioner, Bokaro after looking to the factual aspect and taking into consideration that Jamabandi was created after 01.01.1946, has passed an order for cancellation of Jamabandi and therefore, contention has been made that on one side authority has issued Jamabandi and on the other treating the same land as Gair Mazarwa hence proceeding under Section 4H has been initiated as such the State authority itself is in the dual mind and therefore, the notice is not sustainable in the eye of law.;