IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7202 of 2010 1. RAMNAGINA SINGH S/O LATE SOBHIT SINGH R/O VILL.- KHORAMPUR, P.O. AND CIRCLE- DESRI, P.S.- DESRI, DISTT.- VAISHALI, HAZIPUR 2. ANANT PRASAD SINGH S/O LATE ANIRUDH SINGH R/O VILL.- KHORAMPUR, P.O. AND CIRCLE- DESRI, P.S.- DESRI, DISTT.- VAISHALI, HAZIPUR VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, VAISHALI, HAZIPUR 3. THE CIRCLE OFFICER, CIRCLE- DESHRI, VAISHALI, HAZIPUR 4. SATRUDHAN SINGH S/O LATE RAM ROOCH SINGH R/O VILL.- KHORAMPUR, P.S.- DESRI, DISTT.- VAISHALI, HAZIPUR 5. SRI PRAMHANSH NARAYAN SINGH S/O UCHIT SINGH R/O VILL.- KHORAMPUR, P.S.- DESRI, DISTT.- VAISHALI, HAZIPUR 6. MATHURA SINGH S/O LATE ARJUN SINGH R/O VILL.- KHORAMPUR, P.S.- DESRI, DISTT.- VAISHALI, HAZIPUR 7. BIMAL SINGH S/O LATE INDRADEO SINGH R/O VILL.- KHORAMPUR, P.S.- DESRI, DISTT.- VAISHALI, HAZIPUR ----------- For the Petitioners : Mr. Anand Kumar Ojha. For the State : Mr. A.K. Mishra, GP-21. ------------- 02 07.05.2010 At the instance of the petitioners a land Encroachment Case No.02/04-05 was initiated against the private-respondent nos.4 to 7. It is alleged that notwithstanding the fact that the encroachment was on the public road, which was used by the many, the Circle Officer, Desri decided not to proceed further in the matter and dropped the proceedings. - 2 - Petitioners being inconvenienced filed a Misc. Appeal No.34/05 before the Collector-cum-District Magistrate, Vaishali, Hazipur on 20.05.2005. Regrettably, even though, it is a matter of encroachment. It is almost 5 years since the appeal is pending in the said encroachment matter and has not been disposed of. Learned counsel for the petitioner prays for a proper direction to the Collector-cum-District Magistrate. Referring to the order sheet of the appeal, learned counsel points out the extraordinary casual manner in which proceedings are being conducted. Collector seeks reports from the Circle Officer, who had been sent report and no action is taken all those are forgotten. Public passage is being encroached to the inconvenience of others and no one seems to be concerned. Having considered the matter, in my view, there is no point in keeping this writ pending. As the statutory appeal is pending before the Collector, as aforesaid, I direct the Collector-cum-District Magistrate, Vaishali, Hazipur to immediately take up the matter and after hearing the parties in accordance with law, conclude - 3 - the proceedings at the earliest preferably not later than four months from the date of production of a copy of this order before him. With the above observations and directions, this writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)