IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7810 of 2005 Nagendra Nath Jha Son of Sri Late Nandan Jha, resident of Village/Mohalla-Manas Nagar, Hatia Gachi, Ward No. 11/22, Saharsa P.S. & District-Saharsa. Versus 1. The State of Bihar 2. The Executive Officer, Nagar Parishad, Saharsa 3. The Secretary Department of Urban Development Govt. of Bihar, Patna. 4. The District Magistrate, Saharsa. 5. The Divisional Commissioner, Koshi Commissioner, Saharsa. 6. Sri Prem Shankar Jha, son of Lalit Jha. Resident of Manas Nagar, Hatia Gachi, Ward No. 11/22, Saharsa, P.S. & District-Saharsa. 7. Sri Shambhu Sah son of Late Anand Sah, Resident of Manas Nagar, Hatia Gachi, Ward No. 11/22, P.S. & District- Saharsa. ----------- 2. 03.11.2011 Heard learned counsel for the petitioner and learned A.C. to S.C. 21 for the State. Petitioner has moved this Court for a direction to the respondents to take suitable follow up action to remove the encroachment from the land situated in between new Plot Nos. 804 and 803 measuring 45 acres in ward no. 11/22 Manas Nagar, Hatiagachi in the District of Saharsa. Learned counsel submits that the matter travelled from one authority to the other for quite sometime and finally the Circle Officer, Saharsa has opined that in view of the pendency of the present case it would not be proper to go ahead with the encroachment proceeding. This Court finds that such a stand by the Circle Officer, being the authority who is obliged under the Bihar Public Land Encroachment Act to remove encroachment is not only 2 trying to delay the matter but also shirking his responsibility. This Court could have taken a serious view in the matter but refrains from doing so for the present. The writ petition is disposed off with a direction to the District Magistrate, Saharsa to look in to the matter and ensure that if there is any encroachment on the said piece of land then the same should be removed expeditiously, in accordance with law, within a maximum period of two months from the date of receipt/production of a copy of this order upon him. This application stands disposed off with the aforementioned directions. Anand Kr. ( Ahsanuddin Amanullah, J.)