IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6485 of 2006 Rajendra Rajak, S/o Late Sakhichand Rajak, R/o village- Khamaura, P.S. Daraunda, Distt.- Siwan … … Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Siwan 3. Shri Mahanth Dhobi, S/o Chhathu Dhobi. R/o Village- Khamaura, P.S. – Daraunda, Distt.- Siwan … …. Respondents ----------- 02/ 05.04.2011 Counsel for the petitioner states that Public Path, bearing Survey no. 276 in village- Khamaura, P.S. Daraunda in the district of Siwan has been encroached by Mahanth Dhobi, Respondent no.3. In this connection, he has also filed representation addressed to the District Magistrate, Siwan, copy whereof is contained in Annexure-1 to this application. From perusal of representation, Annexure-1, it appears that the same does not indicate even the date of the representation. 2. Counsel for the State, however, submitted, with reference to the averments made in the counter affidavit, that the matter has been enquired into by the authorities and Survey no. 276 is not a public land, as such, there is no question of removal of encroachment therefrom under the Public Land Encroachment Act. 3. Once a petition is filed before any authority, 2 the authority is required to register/ number the same and thereafter to consider the request made in the petition and pass appropriate order. In the instant case, when petition, Annexure-1 was received in the office of the Collector, Siwan, he should have instituted a case and proceeded with the enquiry and passed final order stating whether such plot is a public land or otherwise. In the instant case, the Collector, Siwan having not entertained the petition, Annexure-1, I direct the petitioner to file a fresh petition before the Circle Officer, Daraunda asserting that Survey No. 276, which is part of a road, has been encroached by Mahanth Dhobi, Respondent no.3, who is having 10 bighas of land and a tractor and if any such encroachment has been made by Mahanth Dhobi or any other person over a public land, bearing Survey No. 276, the Circle Officer, Daraunda shall ensure its removal therefrom. In the event the Circle Officer is of the view that Survey No. 276 is not part of a road then also he shall pass order stating that Survey No. 276 is not part of road and encroachment is not required to be removed therefrom. 4. Let the petitioner appear before the Circle Officer, Daraunda along with fresh petition annexing a 3 copy of this order as early as possible, in any case within four weeks from today and thereafter appropriate orders be passed by the Circle Officer, Daraunda as early as possible, in any case within a reasonable time not exceeding three months. 5. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)