IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13646 of 2006 Dinesh Pandey, Mukhiya Gram Panchayat Raj, Gaura Block Kateya, District- Gopalganj, son of Basudeo Pandey, resident of village Jhilwania, P.S. Kateya, District- Gopalganj ………… Petitioner Versus 1.The State Of Bihar 2.The District Magistrate, Gopalganj 3.The Circle Officer, Kateya Circle, District- Gopalganj 4.Suresh Tiwary, son of Sri Rama Kant Tiwary 5.Zakir Khan S/O Murtuz Khan 6.Riyasat Ali @ Riyasat Khan S/O Murtuza Ali 7.Tufani Prasad S/O Late Nakchhed Ram 8.Usman Khan S/O Hafiz Khan 9.Tahir Ali @ Md.Tashir S/O Late Ali Mohammad 10.Asgar Ali @ Asgar Hussain S/O Ali Mohammad All residents of village Gaura, P.S. Kateya, District- Gopalganj ………… Respondents ----------- 6. 01/07/2010 Petitioner is aggrieved by non- implementation of order dated 20.12.2005 passed in Encroachment Case No.7/05-06 by the Circle Officer, Kateya, Gopalganj in which he held the intervener - respondents and others as encroachers on public land and passed orders for getting the same vacated. Mr.Mishra, learned senior counsel appearing for the intervener – respondents submits that the interveners had no knowledge of the said order, and only when they came to know about it through this writ application, they filed Encroachment Appeal No.1 of 2010 before the Collector, Gopalganj against the said order with a - 2 - petition for condonation of delay. Now, that substantive appeal has been filed against the order, as contained in Annexure-3, this Court does not consider it proper to consider the matter on merits. Therefore, this writ application is disposed of with a direction to the Collector, Gopalganj to decide Encroachment Appeal No.1 of 2010 within three months from today positively. The parties will be at liberty to appear before the Collector and produce materials and evidences in support of their respective cases. Learned counsel for the State is directed to communicate this order to the Collector, Gopalganj immediately through Fax. Pradeep/ ( J. N. Singh, J.)