IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14728 of 2009 Rajeshwar Pathak, Son of Resident of Village Ujjain, Lahiyar, PS Gobindganj, District Bettiah (West Champaran). ----- Petitioner. Versus 1. The State of Bihar. 2. The Collector, Bettiah, West Champaran. 3. The Sub-divisional Officer, Bettiah, West Champaran. 4. Anchaladhikari, Govindganj, Bettiah, West Champaran. 5. Karamchari Gobindganj, Bettiah, West Champaran. 6. Manager Bettiah Estate, Bettiah Raj Bettiah, West Champaran. 7. Head Assistant Record Room Keeper, Bettiah Raj Bettiah, West Champaran. 8. Ram Dayal Hazarate, Son of Ganesh Hazarate. 8 (ii) Surha hazarate. 8 (iii) Bhagat Mahto, Both sons of Govind Mahto. Residents of Village Mangaru, PS Naya Harsidhi, District West Champaran, Bettiah. 9. Hira Singh, Son of Moti Singh, Resident of Village Sugauli, PS Bettiah, District East Champaran. 10. Mahadeo Ram, Son of Tilak Ram, Resident of Village Madhopur, PS Bettiah, District East Champaran (Bettiah). ------ Respondents. ----------- 3 15.11.2011 Heard the parties. This writ application has been filed to remove the respondent nos. 8 to 10 who have illegally possessed the land of the petitioner. It is submitted that the respondents have no document of title to show that they can remain in possession over the lands in question which have been described at paragraph 4 of the writ application. It is well settled that encroachment proceedings cannot be initiated with respect to the lands belonging to the private respondents. Where there is an encroachment of public land then only the Land Encroachment Act is applicable. In view of the aforesaid fact, this writ application is dismissed. Sanjay (Sheema Ali Khan, J.)