IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9095 OF 2008 RAJ KUMAR SAH, SON OF LATE RAM CHANDRA SAH, RESIDENT OF MAUJA CHAK LOKMAN, WARD NO. 8, GOLA GHAT, POLICE STATION DALSINGSARAI, DISTRICT SAMASTIPUR VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR –CUM- DISTRICT MAGISTRATE, SAMASTIPUR 3. THE CIRCLE OFFICER, DALSAINGSARAI, DISTRICT SAMASTIPUR 4. THE SUB DIVISIONAL OFFICER, DALSINGSARAI, DISTRICT SAMASTIPUR 5. SHRI SUSHIL KUMAR SUREKA, SON OF PRABHU NARAYAN SUREKA 6. SHRI SURENDRA NAIK, SON OF LATE LAXMI NARAYAN NAIK, 5 AND 6 ARESIDENT OF MAUJA CHAK LOKMAN, POLICE STATION DALSING SARAI, DISTRICT SAMASTIPUR ******** 4 03/11/2011 There is a dispute over plot no. 548 measuring 2 decimals on which there is a well and a temple. The petitioner claims that this belongs to the State of Bihar and that the respondents 5 and 6 are encroachers. Accordingly, an encroachment case was initiated and by order dated 10.07.2007, the Anchal Adhikari, Dalsingsarai has stayed the encroachment proceedings and asked the parties to approach the competent Court for settlement of the dispute. Notices were issued to respondents 5 and 6 but they refused to accept notice. The order dated 10.07.2007 discloses that the private respondents are claiming title over the lands in question through a sale deed. Obviously, encroachment 2 proceedings are not maintainable with respect to the raiyati lands and as such the Anchal Adhikari has rightly stayed the encroachment proceedings and asked the parties to get the dispute settled through a competent Court. This Court finds no illegality in the order impugned. This writ application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)