IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9658 of 2007 1. AYODHYA PRASAD SINGH, S/o Late Amrit Mahto, R/o Village- Nepura, P.O. and P.S.-Asthawan, District- Nalanda. 2. Rajendra Prasad, S/o Dukhi Prasad, R/o Village- Nepura, P.O and P.S.-Asthawan, District-Nalanda. 3. Brij Bihar Prasad, S/o Shyam Lal Mahto, R/o Village- Nepura, P.O. and P.S.-Asthawan, District- Nalanda. 4. Vinod Kumar @ Vinod Paswan, S/o Ishwar Paswan, R/o Village- Nepura, P.O. and P.S.-Asthawan, District- Nalanda. ……….. Petitioners. Versus 1. THE STATE OF BIHAR through its C.S. 2. The Collector, Nalanda. 3. The Circle Officer, Asthawan, P.S.-Asthawan, District-Nalanda. 4. Devnandan Mehta, S/o Late Dwarika Prasad, At-Nepura, P.O. and P.S.-Asthawan, District- Nalanda …………… Respondents. For the petitioners : Mr. Bhola Prasad, Advocate. For the State : Mr. Ravi Verma, AC to GP-15. ----------- 2. 23-08-2010 1. Heard learned counsel for the petitioners, learned counsel for the State and its authorities (Respondent nos. 1 to 3) and learned counsel for the private respondent no. 4. 2. This writ petition has been filed for a direction to the respondents’ authorities to take steps to remove the encroachment made by Respondent no. 4 over public land bearing plot no. 1773 measuring 45 decimal situated in village Nepura under the Police Station- Asthawan within the district of Nalanda. 3. It transpires that for removal of the alleged encroachment, a case bearing Encroachment Case No. 7 of 2006-07 was initiated on 03-01-2007 under Section 3 of the Bihar Public Land Encroachment Act, 1956 and after hearing the parties final order for removal of encroachment was passed 2 by the Circle Officer, Asthawan on 15.11.2007 and notice to that effect under section 7 of the Act was also served upon the encroachers. It is also stated that subsequently, the Circle Officer vide order dated 25-07-2008 deputed Circle Inspector as Magistrate for removal of the encroachment, but the said order has still remained unexecuted. 4. Learned counsel for the private respondent no. 4 submits that the said land is not a public land and for the declaration of title, he has filed a title suit bearing T.S. No. 18 of 2008. However, no order of stay/injunction is claimed to have been passed in the said title suit, which is pending before Sub- ordinate Judge, Nalanda. 5. Considering the aforesaid facts and circumstances of the case, this writ petition is disposed of with a direction to the Collector, Nalanda (Respondent no. 2) to see to it that the final order dated 15.11.2007 passed by the Circle Officer in the encroachment case, which has not been challenged in any appeal etc. should be immediately given effect to within 30 days from the date of receipt/production of a copy of this order. However, this order will be subject to any order of stay/injunction passed in the aforesaid title suit. Sujit (S.N.Hussain,J.)