Order This writ application has been filed on behalf of the petitioner for quashing a notice dated 9.7.84 issued by the District Magistrate, Patna in the daily newspapers, a copy whereof is Annexure-11. By the impugned notice the District Magistrate has notified to public in general that in view of decision of this court in C.W.J.C. No. 3241 of 1982 given on 23.5.1984 none has any title over 57.71 acres of land, except the Budha Grih Nirman Sahyog Samiti. Detail of the lands has been given in the notice. He has further notified that any person in unauthorised possession of any portion of the said land should remove the encroachment or should file a show cause before the District Magistrate, failing which the encroachment shall be removed at the cost of the persons concerned. 2. With the consent of the counsel for tae petitioner and the respondents, this writ application is being disposed of at the stage of admission itself. 3. According to the petitioner, the notice has been issued without any authority in law. It was submitted on behalf of the petitioner that without initiating any proceeding under the Bihar Public Land Encroachment Act, it was not open to the District Magistrate to direct the petitioner and others to remove the construction made by them on the lands in question. 4. Mr. Lekhi appearing for the aforesaid Samiti, respondent No.4 submitted that for all practical purpose the notice shall be deemed to have been issued under the provisions of the Bihar Public Land Encroachment Act, (hereinafter to be referred to as "the Act, "). Section 3 of the Act, prescribes the procedure for initiation of the proceeding, It says that, "If it appears to the Collector from an application made by any person or upon information received from any sources that any person has made or is responsible for the continuance of any encroachment upon any public land, the Collector may cause to be served upon- such person a notice in the prescribed form requiring him to appear on a date which shall not be less than two weeks from the date of service of notice, to show cause......" Rules have been framed under the Act. Rule 1 requires the notice to show cause under section 3 of the Act, to be given in form I prescribed in the Rules, Section 4 of the Act, enables the person on whom such notice is served to appear before the Collector and to raise any defence which he could raise as if ho was a defendant in a properly framed suit for removal of the encroachment. Therefore other sections provide as to how the matter has to be heard and final order is to be passed. 5. On behalf of the petitioner it was stated that no proceeding under the Act, or any other law has been initiated. This was not controverted by the counsel appearing for the Samiti. It is well known that any encroachment on public land can be removed only in accordance with the procedure prescribed under the Act. 6. Learned Counsel for respondent No.4 submitted that the District Magistrate has issued a general notice in view of the observations given by this court in the earlier writ application, that the Collector Patna and the State authority will lend their weight in removal of encroachment as early as possible. "In our opinion, when this court made the aforesaid observation/direction it obviously meant "in accordance with law". In that view of the matter we are left with no option but to hold that the impugned notice 9.7.84 (Annexure-11) has been issued without any authority in law. 7. Accordingly, the writ application is allowed and the impugned notice (Annexure-11) is quashed. However, it will be open to the District Magistrate to take any appropriate steps in accordance with law. If any proceeding is initiated either under the Act, or under any other law, it will be open to the petitioner to urge the points which have been raised in this writ application. Application allowed.