IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1388 of 2009 1. SURESH PANDEY S/O LATE RAM BILAS PANDEY VILL.- BANGRA, P.S.- KOTWA, DISTT.- EAST CHAMPARAN. ………PETITIONER/APPELLANT. Versus 1.THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE CUM COLLECTOR EAST CHAMPARAN AT MOTIHARI 2.THE DISTRICT MAGISTRATE CUM COLLECTOR EAST CHAMPARAN AT MOTIHARI 3.THE SUB DIVISIONAL MAGISTRATE MOTIHARI SADAR, EAST CHAMPARAN AT MOTIHARI 4.THE DEPUTY COLLECTOR LAND REFORMS EAST CHAMPARAN AT MOTIHARI 5.THE BLOCK DEVELOPMENT OFFICER CUM CIRCLE OFFICER KOTWA BLOCK, DISTT.- EAST CHAMPARAN 6.AMBIKA PANDEY S/O LATE LAKHRAJ PANDEY VILL.- BANGRA, P.S.- KOTWA, DISTT.- EAST CHAMPARAN 7.(i) GAYATRI DEVI. (ii)MUKESH PANDEY. (iii)MUNCHUN PANDEY. (iv)NANHAKI PANDEY. 8.SRI BISHUNDEV PANDEY S/O LATE LAKHRAJ PANDEY VILL.- BANGRA, P.S.- KOTWA, DISTT.- EAST CHAMPARAN. ………RESPONDENT/RESPONDENTS. ----------- 7/ 12.01.2011 Having heard counsel for the parties and taking into account the materials on record indicating that there was a report submitted by the karamchari to the Circle Officer, the Collector under the Bihar Public Land Encroachment Act indicating certain encroachment made by the private respondents and others, this Court would only expect the said authority, the Collector under the Act, to take appropriate 2 actions and steps strictly in accordance with the provisions of Bihar Public Land Encroachment Act. We would hasten to clarify that we have not gone into the merits of the case and only have remitted the matter back for deciding the alleged plea of encroachment as raised by the appellant- writ petitioner against the private respondents and therefore the authorities would be at liberty to take their own independent decision without being influenced by the observations made by this Court in this appeal or in the connected writ application. With the aforementioned observation and directions, this appeal is disposed of. Ranjan (T. Meena Kumari,J) (Mihir Kumar Jha,J)