IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12204 of 2008 Parmanand Sharma son of late Sadhu Singh resident of village Kurre, P.O.- Kurre, P.S.- Ghoshi, District- Jehanabad. Versus 1. The State Of Bihar 2. The District Magistrate, Jehanabad. 3. The Anchal Adhikari, Ghoshi, P.S. Ghoshi, Dist- Jehanabad. ----------- 2 04.08.2011 Heard learned counsel for the petitioner, intervener and the state. At present this Court is not inclined to hear the Intervener. The petitioner is aggrieved by notice dated 14.06.2008 issued by Circle Officer, Ghosi, Jehanabad as contained in Annexure-1 whereby on the basis of the measurement by Amin, it was found that the petitioner has amalgamated the Plot no. 2254 of Khata No. 324 with Plot no. 2469 and constructing the tower which is the Aam Rasta, hence the petitioner was restrained from making construction. In para 10 of the writ application, it is stated that initially, the Circle Officer initiated the Encroachment Case No. 4 of 2004-05 when the petitioner filed the show cause on 04.03.2011. It is submitted that no final decision has been 2 taken in the said encroachment case. Annexure-1 does not reflect that the notice was issued under any land encroachment proceeding. A counter affidavit has been filed on behalf of the respondent no. 2 and 3 taking the stand that the land in question is recorded as Gairmazaura Aam Rasta in cadastral survey, hence the land encroachment proceeding being Land encroachment Case No. 04 of 2004-05 was initiated but counter affidavit does not reflect that the said proceeding was ever concluded. In the circumstances, the Circle Officer, Ghosi, Jehanabad is directed to conclude the Encroachment Case NO. 04 of 2004-05 within a period of three months if it has not already been concluded. With the above observation, this writ application is disposed off. Amrendra/ ( Dinesh Kumar Singh, J)