IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5015 of 2010 Munni Devi & Anr Versus The State Of Bihar & Ors ----------- 03. 12.07.2011 Heard Mr. Binayak Kumar Shrivastav, learned counsel appearing on behalf of the petitioner and Mr. Santosh Kumar, learned counsel appearing on behalf of private respondent no. 5. The petitioner alleges encroachment by the respondent no. 5 on a public road situated in front of his house by setting up a khatal and thereby narrowing the public pathway. Learned counsel for the petitioner, with reference to a letter placed at Annexure-1 of writ petition submits that the respondent no. 5 himself has given an undertaking that he shall be removing the khatal in question within a period of two months. He submits that although the letter is dated 15.12.2007 but despite a lapse of almost four years the khatal still exists. A counter affidavit has been filed on behalf of the respondent State sworn by the Sub-Divisional Officer, Danapur and who has stated in paragraph-6 that a proceeding under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the ‘Act’) has been instituted against the respondent no. 5 and notices have been issued. Taking into consideration the statement of the Sub-Divisional Officer, Danapur in paragraph-6 of the counter 2 affidavit that a duly constituted proceeding under the Act has been instituted and notices have been issued to respondent no. 5 for removal of the khatal, nothing survives in the present writ petition and the same is disposed of with a direction to the respondent no. 3 to ensure that the proceeding so initiated under the Act is concluded expeditiously and preferably within a period of two months from the date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)