IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.10342 OF 2008 BIRBAL MANDAL, VERSUS THE STATE OF BIHAR & ORS ********* FOR THE PETITIONER :-MR. NAGESHWAR PRASAD, ADVOCATE FOR THE S T A T E :-MR. PRIYADARSHI MATRI SHARAN, AC TO AAG11 FOR RESP. 6 & 7 :-MR. RAGHUNANADAN PD. SINHA, ADVOCATE MR. S. A. RAHMAN, ADVOCATE *********** 4 01/12/2011 Heard Counsel for the petitioner, the State and the Counsel appearing on behalf of respondents 6 and 7. This writ application has been filed praying therein that the Circle Officer has wrongly dropped the encroachment proceeding holding that the lands in question does not belong to the State Government and the petitioner raising this issue has tried to claim this land as he has a dispute with his co-sharer, the respondents 6 and 7. Counsel affidavit has been filed, both on behalf of the Circle Officer and the District Magistrate, who have stated that the petitioner had earlier filed an encroachment case which was dropped after due enquiry. The present writ application for initiating the encroachment proceeding by claiming that the respondents 6 and 7 have placed their ‘NAAD’ on a piece of land which is alleged to be a public road. The petitioner may move the appropriate 2 forum i.e. the Civil Court for the reliefs claimed before this Court. Since this matter involves a dispute of title between the petitioner and the respondents 6 and 7, this Court cannot adjudicate in this matter. This writ application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)