IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5179 of 2008 1) Narayan Purbey alias Ram Narayan Purbey, son of Late Raghunath Purbey, 2) Ganesh Purbey, son of Late Jagarnath Purbey, village and P.S. Madhepur, District Madhubani – Petitioners. Vs. 1) The State of Bihar, 2) The Collector, Madhubani. 3) The Addl. Collector, Madhubani. 4) The Circle Officer, Madhepur, Dist. Madhubani. 5) Arun Kumar Purbey, son of Late Satya Narayan Purbey, village and PS Madhepur, Dist. Madhubani – Respondents. 7 8.12.2011 Heard learned counsel for the petitioners and the State. The petitioners’ grievance is that without concluding the encroachment proceeding, part of the house of the petitioners has been demolished. The stand of the State is that the petitioners have no right or title over the said plot of land and they have made the construction by encroaching upon the land belonging to the State of Bihar. The temple is registered under the Bihar Religious Trust Board and the petitioners have no title regarding the plot in question. Whatever be the stand of the State of Bihar, if encroachment proceeding has been initiated, the authorities should pass appropriate order with respect to removal of encroachment before proceeding with the actual act of removal of the encroachment. The behavior of the officers of the State cannot be appreciated by this court. The Circle Officer, respondent no.4 before whom the proceeding is pending, should ensure that the proceeding is concluded at the earliest and preferably within three months. The petitioners would have the liberty to move the higher 2 authorities against the order of the Circle Officer. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)