IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13754 of 2010 1. RAM JINISH PRASAD @ RAM JINSH MAHTO S/O DHARIKSHAN PRASAD @LATE DHARIKSHAN MAHTO R/O VILL KHAIRA AAJAM, P.S.BAIKUNTH PUR, DISTT-GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE -CUM-COLLECTOR GOPALGANJ 3. THE DEPUTY DEVELOPMENT COMMISSIONER GOPALGANJ 4. THE DEPUTY COLLECTOR , LAND REFORM GOPALGANJ 5. THE SUB DIVISIONAL OFFICER GOPALGANJ 6. THE EXECUTIVE ENGINEER GOPALGANJ 7. THE BLOCK DEVELOPMENT OFFICER BAIKUNTH PUR, DISTT- GOPALGANJ 8. THE CIRCLE OFFICER BAIKUNTHPUR, DISTT-GOPALGANJ 9. THE JUNIOR ENGINEER BAIKUNTH PUR , BLOCK, DISTT- GOPALGANJ 10. THE CONTRACTOR KHAIRA PARSAUNI ROAD ANCHAL, BAIKUNTHPUR, DISTT-GOPALGANJ 11. THE ANCHAL AMIN null BAIKUNTHPUR, GOPALGANJ 12. THE HALKA KARMCHARI , GRAM PANCHAYAT RAJ KHAIRA GRAM PANCHAYAT RAJ KHAIRA, AAJAM ANCHAL, BAIKUNTHPUR, DISTT-GOPALGANJ ----------- 2. 22.02.2011 Heard learned counsel for the petitioner and the State. The petitioner alleges encroachment upon his private lands by construction of a road and damage to the soil/standing crops. Learned counsel submits that the petitioner holds valid title to the lands. Aggrieved by the encroachment the petitioner has also represented before the authorities and the Deputy Development Commissioner on 13.2.2008 had already given directions for an enquiry and to ensure that the road construction was made excluding 2 raiyati lands of the petitioner. Counsel for the State rightly submits that if the matter has already engaged the attention of the authority and enquiry had been ordered, it may be directed to be taken to its logical conclusion. The District Magistrate, Gopalganj shall grant a personal hearing to the petitioner and then decide the issue of encroachment of raiyati lands of the petitioner, if any, by a reasoned and speaking order within a maximum period of two months from the date of receipt and/or presentation of a copy of this order before him. Needless to state that any construction made in the meantime shall be at the risk and responsibility of the respondents depending on the final findings that may be arrived at in the enquiry. The District Magistrate shall also keep in mind that complicated issues of title can be decided only in a Civil suit and not in a Summary proceedings which cannot enure to the benefit of the respondents to continue with the encroachment. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)