IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4908 of 2003 Noor Mohammad, son of Feku Mustafa, resident of village Tetari, P.S.- Balia, District- Begusarai --- Petitioner. Versus 1. The State of Bihar. 2. The Collector, Begusarai. 3. The Deputy Development Commissioner, Begusarai. 4. The Block Development Officer, Balia, Begusarai. 5. The Block Development Officer, Dandari, Begusarai. 6. The Sub-Divisional Officer, Balia, Begusarai, Tetari Dandari, Begusarai. 7. The Circle Officer, Balia, Begusarai. 8. The Circle Officer, Tetari, Dandari, Begusarai. --- Respondents. **************** 6/ 08-12-2010 Heard the parties. 2. The petitioner has approached this Court by filing the present writ petition with the following prayer: “That this writ application is directed against the illegal construction of Public drain and residential home under the Indira Awas Yojana over the private land of the petitioner. The respondents parties are making a drain of 133 feet into 3 feet, a drain of 120 feet into 3 feet, a drain 70 feet into 3 feet. The respondents parties are making two residential home also for Bhikhari Thakur, son of Dhanik Thakur, and Tanik Lal Sah, son of Moti Sah, both resident of village Tetari, Police Station Balia, District Begusarai under the Indira Awas Yojana over the private land of the petitioner while a Title Suit No. 127 of 2002 is pending over that disputed land before the Sub- Judge I, Begusarai.” 3. In view of the controversy raised in the petition, it would be appropriate that the grievances raised 2 by the petitioner herein be looked into by the respondent- District Collector, Begusarai. The writ petition was filed as far back as on 19.05.2003, but till date no stay order was passed by this Court and in that view of the matter, some construction might have taken place over the plot in question. However, learned counsel for the petitioner submits that construction has not been completed and, therefore, the matter can be adjudicated by the respondent- District Collector, Begusarai. No counter- affidavit has been filed on behalf of the respondent- authorities, denying the assertions made by the petitioner. In that view of the matter also, it is difficult for this Court to come to a finding about any factual position. 4. In the circumstances of the case, this writ petition is disposed of with a liberty to the petitioner to file a representation before the respondent- District Collector, Begusarai within a period of one month from today with all relevant documents in support of his claim over the land in question. If such a representation is filed along with a copy of this order, the respondent- District Collector, Begusarai, would be obliged to decide the issues within a period of three months thereafter by giving opportunity of hearing to all concerned. 5. It is made clear that this Court has not gone into merit of the case as the controversies between the 3 parties are required to be adjudicated by the respondent- District Collector, Begusarai. It is further made clear that if the petitioner does not file any representation before the District Collector within the time fixed by this Court along with a certified copy of this order, then it would be construed that this writ petition has stood rejected by this Court. There shall be no order as to costs. BTiwary/ ( Birendra Prasad Verma, J.)