IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8290 of 2003 1. MADHAV DUBEY son of late Ram Kumar Dubey 2. Damodar Dubey son of late Ram Kumar Dubey, Both are resident of village Dehara P.S. Kudra, Dist. Kaimur ....petitioners. Versus 1. THE STATE OF BIHAR 2. The Collector, Kaimur ,Bhabhua 3. Sub Divisional Officver, Mohania, Kaimur 4. Anchal Adhikari, Kudra, Kaimur ...respondents Ist set. 5. Ramayan Singh son of Sheo Nandan Singh 6. Bikram Singh son of Ramadhar Singh 7. Dina Nath Singh son of Barhmdeo Singh, All resident of village Dehra, P.S. Kudra, Dist. Kaimur....respondents 2nd set. 8. Sharda paswan 9. Sheopujan Paswan 10. Basanta Paswan All son of Sukhari Paswan, resident of village Dehra, P.S. Kudra, Dist. Kaimur ...respondents 3rd set. ----------- For the petitioners : Mr. Chakravarti Singh, Advocate For respondent no. 8 to 10 : Mr. Surendra Kumar Choubey, Advocate For the State : Mr. S. Rahman, A.C. to G.A-IV 6 03.01.2011 Heard the parties. 2. The present petition under Article 226 of the Constitution of India has been filed before this court for the reliefs delineated in paragraph 1 of the writ petition, which are reproduced hereinbelow: (i)The respondents may be ordered to remove the encroachment upon plot no. 532 and plot no. 442 appertaining to khata no. 173 and 174 respectively in village Dehra, P.S. Kudra District Kaimur. (ii) The respondents Ist set may be directed to implement their order dated 12.8.1997 and 18.11.1997 passed in case No. 7 /97- 98 and 5/97-98 respectively. 2 (iii) Any other relief or reliefs for which the petitioners may be found entitle. 3. Though the writ petition was filed on 14.8.2003 but till date no interim order has been passed by this court. However, pursuant to the order dated 5.5.2010 issuing show cause notice to respondent nos. 8 to 10, they have entered their appearance through a lawyer. 4. Main prayer of the petitioners was for issuance of direction to the official respondents to implement the order dated 12.08.1997 and 18.11.1997 passed in case no. 7 of 1997-98 and 5 of 1997-98. Now it is admitted case of the parties that against the aforesaid order, Encroachment Appeal no. 4 of 2004 was filed by respondent nos. 8 to 10 before the respondent District Collector, which was finally heard and disposed of by order dated 03.03.2005. (Annexure-B to the counter affidavit filed on behalf of respondent nos. 2, 3 and 4). By the aforesaid order dated 03.03.2005, the respondent District Collector has set aside the original order dated 12.08.1997 and has remitted the matter back to the respondent Anchala Adhikari for fresh decision in accordance with the provisions of The Bihar Public Land Encroachment Act, 1956. Now it is also submitted at the Bar that in view of the aforesaid remand order, the respondent Anchala Adhikari has taken a final decision by order dated 04.04.2005, which has been duly approved by the DCLR, Mohania by his order dated 05.04.2005 settling the land in dispute in favour of respondent nos. 8 to 10. 4. In view of the aforesaid development and in view of 3 the fact that the order dated 12.08.1997 has already been set aside by the respondent District Collector, it is not possible for this Court to grant any relief to the petitioners in the present proceeding. However, liberty is granted to the petitioners to challenge the aforesaid order dated 04.04.2005 passed by the Anchala Adhikari and order dated 05.04.2005 passed by DCLR, Mohania before the appellate authority or any appropriate authority, if so advised within a period of one month from today. 5. With the aforesaid observations/liberty the present application stands disposed of. M.Rahman ( Birendra Prasad Verma, J )