IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3089 of 2011 AWADH NARAYAN JHA . Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioner: M/s Girish Chjandra Jha & Kumar Gautam For the State : AC to GA 6 ---- 2. 01.04.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner alleges encroachment of a public road by certain persons. His grievance is that though notices have been issued to the concerned encroachers no final adjudication and appropriate action is being taken. The counter affidavit of the Dy.S.P., Darbhanga in no uncertain terms states at paragraph 5 that the Assistant Sub Inspector, Kamtaul P.S. held an enquiry and found that the village road bearing survey plot no. 12847 was encroached by several persons. Respondent no. 7 has submitted his report to the Anchal Adhikari, Singhwara Anchal for appropriate action in accordance with law. If a report had been submitted by respondent no. 7 as far back as 9.2.2007 and no action has been taken by the Circle Officer to whom it was addressed, the Court is left with no option but to direct the District Magistrate to see that the proceedings are initiated and the litigation be taken to its logical conclusion in accordance with law after hearing all concerned within a maximum period of four months from the date of receipt and or presentation of a copy of this order. The Court clarifies that it is not vesting statutory powers under the Land Encroachment Act in the District Magistrate. The proceedings shall have to be conducted by the statutory authority assigned under the Act. The direction to the District Magistrate is to ensure that the authority performs his duty within the time fixed. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)