IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7656 of 2009 MANOJ KUMAR AGRAWAL . Versus THE STATE OF BIHAR & ORS . ----------- 3/ 03/01/2011 Separate counter affidavits have been filed on behalf of the District Magistrate and the Superintendent of Police. The same are not available on record. The office shall place the same on record. Let the office retain Xerox copies of the counter affidavits placed on behalf of the respondents during proceedings. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims to be a power of attorney holder of the lands in question from one Smt. Smita Bagaria as described in paragraph No.5 of the writ application. Smt. Smita Bagaria came to this Court in C.W.J.C. No.380/95 alleging forcible occupation by anti- social elements. This Court on 3.8.1995 directed the District Magistrate, Purnea to look into the matter and if there was encroachment by anti-social elements, to take steps for removal. The petitioner has annexed only a representation dated 11.10.2006 thereafter by him to the Chief Minister in the Janata Darbar and to the District Magistrate on 22.7.2008. The writ petition is completely - 2 - silent with regard to the steps taken by the petitioner from the year-1995 till the submission of the representations. Separate counter affidavits have been filed by the District Magistrate and the Superintendent of Police. The writ petition does not make any disclosure with regard to the dates identity of the alleged encroachers etc., or the nature and extent of encroachment. The counter affidavit of the authorities explicitly states that if the petitioner files a proper representation which may not involve questions of dispute with regard to the title, the authorities may enquire into the matter in accordance with law. In view of the statements made in the counter affidavit , leave is sought to withdraw the application to submit a comprehensive representation before the authorities who are then expected to act in accordance with law. The writ application is dismissed as withdrawn with the aforesaid observations. KC ( Navin Sinha, J.)