IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13662 of 2010 1. RAM LAGAN SAH 2. OM PRAKASH SAH BOTH SONS OF LATE JIRA LAL SAH, RESIDENTS OF VILLAGE AGRAIL, P.S. BALIGAON, DISTRICT VAISHALI AT HAJIPUR……………………………….PETITIONERS. VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, VAISHALI 3. THE CIRCLE OFFICER, PATEPUR, DISTRICT VAISHALI……………………………..RESPONDENTS. For the petitioner : Mr. Amresh Kr. Singh and Dineshwar Pd. Singh, Advocates. For the State : Mr. S.K. Sharma, G.A.-5 ----------- 02/ 26.08.2010 Heard learned counsel for the petitioners and learned counsel for the State. By this writ petition, the petitioners have challenged order dated 08.07.2010 (Annexure-4) by which Circle Officer, Patepur (respondent no.3) had directed the petitioners to remove the alleged encroachment on the land in question which the authorities have presumed to be government land although the petitioners claim that it is their ancestral land. After some arguments learned counsel for the petitioners seeks permission to withdraw this writ petition in order to utilise the alternate remedy of appeal available to them under the provision of section 11 of the Bihar Public Land Encroachment Act, 1956. Accordingly, this writ petition is dismissed as withdrawn with the aforesaid liberty. If the petitioners file the aforesaid appeal within fifteen days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the - 2 - appellate authority, namely the Collector of Vaishali shall decide it in accordance with law expeditiously within a period of three months from the date of filing of the appeal. Furthermore, if the petitioners file an interlocutory application along with the memorandum of appeal for stay of the impugned order of Circle Officer dated 08.07.2010, the Collector shall decide the same within one month thereafter. Till then let the impugned order of Circle Officer dated 08.7.2010 (Annexure-4) remain stayed. Harish (S.N. Hussain, J.)