IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4564 of 2010 Birendra Pandey Versus The State Of Bihar & Ors ----------- 2. 07.7.2011. Heard Mr. Umakant Prasad, learned counsel appearing on behalf of the petitioner and Mr. Ashish Kumar Lal, Assisting Counsel to S.C.11 for the State. The writ petition has been filed seeking a direction to the Circle Officer respondent no.3 to dispose of the Encroachment Case No.8 of 2009-10 initiated against the respondent no.5 and to restrain him from making any further construction on the land in question. It is the contention of the petitioner that a piece of public land appertaining to Plot no.506 and 507, Khesra no.119 having an area of 01 decimal situated at Mastalipur Mauza,, P.S.Mufassil in the district of Gaya, has been encroached upon by the respondent no.5 for construction of a house under Indira Awas Yojna. It is the contention of the petitioner that the land is gairmajarua aam land recorded as Bihar Sarkar and is a public path from the very beginning. On a complain 2 made by the petitioner, a land encroachment proceeding was initiated by the respondent no.3, the Circle Officer giving rise to Encroachment Case No.8 of 2009-10. Learned counsel for the petitioner states that save and except calling for a report from the authorities, the Circle Officer is not taking any step for disposing of the proceeding and the same has remained pending since 2009. He prays for an appropriate direction to the respondent no.3 for disposing of the proceedings. Considering the circumstances and the submission of the learned counsel, the writ petition is disposed of with the direction to the respondent no.3 the Circle Officer, Manpur Anchal, Gaya to dispose of the encroachment proceedings bearing Encroachment Case No.8 of 2009-10 after hearing the concerned parties and in accordance with law within a period of three months from the date of receipt/production of a copy of the order. ahk (Jyoti Saran, J.)