IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2460 of 2009 ***** Satyadev Upadhyaya S/O Late Harinder Upadhyaya resident of village- Kehuniya, P.S. Shikarpur, Distt-West Champaran. …. …. Petitioner Versus 1. The State of Bihar. 2. D.M. Bettiah West Champaran. 3. S.D.M. Narkatiaganj, Dist-West Champaran. 4. C.O. Narkatiaganj, Dist-West Champaran. 5. Pawan Kumar Mishra S/o Prem Chand Mishra @ Khajanchi Mishra, resident of village- Kehuniya, P.S. Shikarpur, Distt-West Champaran. …. …. Respondents ----------- 2. 24.2.2009. Grievance of the petitioner is that despite a categorical finding having been recorded by the Circle Officer, Narkatiaganj in the district of West Champaran that respondent no.5, Pawan Kumar Mishra has encroached upon certain public land as would be evident from the order dated 19.2.2007 passed in Encroachment Case No.18/06-07, the same has not been implemented on the spacious ground that the Magistrate was busy in law and order situation. The Court fails to understand as to why an order passed way back in 2007 has not been implemented till the year 2009. The question of the Magistrate being busy in law and order situation could be a position at a given date and time but it cannot be considered to be an ongoing reason in non-implementation of the order passed by respondent no.4. Looking at the limited relief, the writ application is disposed of with a direction upon the Circle Officer, Narkatiaganj that if the order contained in Annexure-1 dated 19.2.2007 has not been interfered with or stayed by any other superior forum and the position stands as it was then, he shall take steps for removal of encroachment preferably within a period - 2 - of three months from the date of communication/production of a copy of this order. This writ application is disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)