Mohit Kumar Shah, J.—The present writ petition has been filed for setting aside the notice dated 15.7.2024, issued by the Circle Officer, Maner, i.e. the Respondent No. 4, in connection with Encroachment Case No. 1 of 2024-25, asking the petitioner to appear and show cause as to why the encroachment made over the land, situated at Mauza- Mahinava, Thana No. 31, P.S. Maner, District-Patna, appertaining to Khata No. 418, Khesra No. 723, ad-measuring 3.4 decimal, be not removed. The petitioner has further prayed for directing the Respondent authorities to initiate action against the Circle Officer, Maner, for malafidely and in a frivolous manner initiating the aforesaid encroachment proceedings.

2. The brief facts of the case, according to the petitioner, are that a land bearing Plot No. 723, Khata No. 418, Mauza Mahinava, Maner, ad-measuring 30 decimal, was the raiyati land of the ex-landlord, which was partitioned in two separate parts, out of which 22 decimal of land was allocated as Kabristan land and the rest i.e 8 decimal Bakast land was in possession of the ex-landlord as Sahan of Plot No. 722. Out of the said 8 decimal land, 4 decimal land was purchased by one Brij Kishore Mishra from the legal heirs of the ex-landlord, namely, Akila Khatoon, in the year, 1973 and then a residential house was constructed. The remaining 4 decimal of Bakast land was handed over to one Subhash Pandit, who started residing over the said land and subsequently Basgit Parcha was handed over to him by the Circle Officer, Maner, who then made a registered gift deed to his wife, namely Shushila Devi, on 04.07.1972. On 20.7.1976, the then Circle Officer, Maner, while considering the report of Halka Karamchari dated 26.6.1976, approved the registration of the said land bearing Plot No. 418, Khesra No. 723, ad-measuring 4 decimal in the name of Subhash Pandit. It is further stated that the wife of Subhash Pandit sold the aforesaid 4 decimal land to Smt. Rajmani Devi, wife of the petitioner, on 26.10.1981, whereafter house was constructed over the said land and since then, the petitioner and his wife have been living there peacefully.

3. The learned counsel for the petitioner has submitted that in the year, 1984, one Syed Hedayat Ahmad had submitted an application for measurement of the land of Kabristan, situated at Plot No. 723, leading to initiation of Encroachment Case No. 6 of 1984-85 against the petitioner and one Brij Kishore Mishra, wherein the Anchal Amin had submitted a report dated 29.8.1985, after measurement and spot verification, wherein it has been stated that 4 decimal of land of Plot No. 723 was given to Subhash Pandit by the ex-landlord and then Basgit Parcha was handed over to him by the Government, which was then sold to the petitioner and the remaining 4 decimal of land belongs to Brij Kishore Mishra and they have been in peaceful possession of the said plot in question since long.

4. The learned counsel for the petitioner has further submitted that thereafter, Encroachment Case No. 1 of 2009-10, was initiated by the Circle Officer, Maner, however, upon examination of the matter, the Circle Officer, Maner, by an order dated 09.02.2012, had dropped the encroachment proceedings qua the petitioner and one Sappu Kumar Mishra son of Brij Kishore Mishra.

5. Thus, it is the submission of the learned counsel for the petitioner that since the encroachment proceedings, initiated earlier against the petitioner, vide Encroachment Case No. 6 of 1984-85, has stood dropped, no second encroachment proceeding, in respect of the same land and on the same ground, can be initiated. In this connection, the learned counsel for the petitioner has relied on a judgment, rendered by a coordinate Bench of this Court in the case of Tapeshwar Prasad Singh vs. The State of Bihar & Ors., reported in 2014 (3) PLJR 798.

6. Per contra, the learned counsel for the Respondent-State has submitted that a detailed enquiry was made and it has been found that the land in quest