IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.5167 of 2005 Rameshwar Prasad, son of Late Bhagwat Prasad, Permanent resident of village – Bhagwanpur, P.S. Baniapur District – Saran ….. Petitioner Versus 1. The State Of Bihar through Chief Secretary, Govt. of Bihar, Patna 2. Collector, Saran, Chhapra 3. Sub-Divisional Officer, Chhapra, District Saran 4. Circle Officer, Baniapur Circle , District Saran 5. Dhanraj Kahar, son of Jaddu Kahar 6. Bhabhikhan Sah 7. Ramji Sah Both sons of Tikar Sah, resident of village Bhagwanpur, P.S. Baniapur, District Saran …. Respondents ---------------------------------- For the Petitioner : Mr. Umesh Kumar Roy, Advcoate For the State : Mr. Bibhakar Tiwary, AC to SC 21 ----- 3 04.08.2011 Heard learned counsel for the petitioner and the State. Petitioner claims that respondent nos. 5 to 7 have encroached upon a public land which is a public ‘Rasta’ and petitioner along with others had made representation before the respondents but no action could be taken by them. This writ application has been filed in the year 2005, however, no counter affidavit has been filed on behalf of the State. In above view of the matter, this 2 has to be disposed of in absence of the same. In view of the fact that the petitioner has moved before the respondent authorities, but it is urged that no action has been taken by them, let him file a proper petition under the Bihar Public Land Encroachment Act, 1956 before the competent authority along with a copy of this order. If such petition is filed then the authority concerned shall proceed in accordance with law and after considering the matter on merit and after giving opportunity of hearing to all the parties concerned including the respondent nos. 5 to 7 and pass final order within six months thereafter. This disposes of the writ petition. However, it is made clear that this Court has not formed any opinion with regard to merit of the case of the petitioner. Spd/- ( Dr. Ravi Ranjan, J.)