IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16289 of 2009 MAHABAL MOCHI S/O SHIVGOBIND MOCHI R/OVILL KARPIDIH, P.S. KARPI, DISTT- ARWAL…………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY PATNA 2. DISTRICT MAGISTRATE- CUM- COLLECTOR DISTT- ARWAL 3. SUB- DIVISIONAL OFFICER, ARWAL 4. CIRCLE OFFICER KARPI, DISTT- ARWAL 5. CIRCLE INSPECTOR, KARPI, DISTT- ARWAL 6. BABUNI MOCHI S/O LATE TEBHAN MOCHI 7. SAKALDEO MOCHI S/O BABUNI MOCHI RESPONDENT NOS.6 AND 7 ARE R/OVILL KARPIDIH, P.S. KARPI, DISTT- ARWAL…..RESPONDENTS For the petitioner : Mr. Ashok Kumar, Advocate. For the State : Mr.Rajendra Kumar Jha,AC to SC-7 ----------- 03/ 09.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner for directing the respondents authorities to remove encroachment from public path made by private respondents by which the way of the villagers, including the petitioner has been completely blocked. After some arguments learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an encroachment case before the Collector under the provision of section 3 of the Bihar Public Land Encroachment Act, 1956. Considering the facts and circumstances of the case, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files the aforesaid - 2 - case within fifteen days from today along with a copy of this order, the authority concerned shall take all necessary steps and decide the matter expeditiously preferably within a period of four months. Harish (S.N. Hussain, J.)