Chakradhari Sharan Singh, J. – The Circle Officer, Khagaria, exercising his jurisdiction as Collector, within the meaning of the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as ‘the Act’), had initiated a proceeding for removal of encroachment from public land with issuance of a notice dated 17.05.2019 in Encroachment Case No. 1/2019-20, treating the land to be a public land within the meaning of the Act, against the petitioner and several other persons. The petitioner appeared before the Circle Officer in response to the said notice but did not file his response despite opportunity having been given to him. The Circle Officer passed his final order in the encroachment case on 23.06.2019, asking the petitioner to vacate the land.

2. The petitioner, it may be noted, had preferred a writ application before this Court against the order of the Circle Officer dated 23.06.2019, giving rise to C.W.J.C. No. 12791 of 2019, which was subsequently withdrawn with a liberty to the petitioner to prefer statutory appeal.

3. The appeal of the petitioner, registered as Encroachment Appeal No. 2 of 2019, has been dismissed by the Additional Collector, Khagaria, t