IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3481 of 2010 1. DEVAKI RAM S/O LATE DOMA RAM R/O VILLAGE- NAWGAVA,P.S-YOGAPATTI,DISTRICT-WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COLLECTOR WEST CHAMPARAN 3. THE DEPUTY COLLECTOR LAND REFORMS, WEST CHAMPARAN 4. THE SUB DIVISIONAL OFFICER BETTIAH , WEST CHAMPARAN 5. THE CIRCLE OFFICER , YOGAPATTI null BETTIAH , WEST CHAMPARAN 6. NATHUNI GADDI S/O PALTU GADDI R/O VILLAGE- NAWGAVA,P.S-YOGAPATTI,DISTRICT-WEST CHAMPARAN ----------- 02. 20.05.2011 Heard learned counsel for the petitioner and for the State. Whether there is an encroachment or not at village Nawgava, P.S.- Yogapatti, District- West Champaran, is primarily a question of fact to be examined on basis of oral and documentary evidence. If the petitioner alleges encroachment of a public road, the least that is expected is that the Circle Officer shall examine his grievance. If he is satisfied, the Circle Officer is required to initiate a Land Encroachment Proceeding against the concerned in accordance with law. If the Circle Officer is not satisfied of any encroachment he is required to pass a brief order indicating the reasons of his satisfaction that there was no encroachment. Let the petitioner represent before the Circle Officer, who is then directed to proceed in accordance with law and dispose off the petitioner’s application in the 2 appropriate manner deemed fit by him within a maximum period of one week, whether to initiate the proceeding or not. The present is not an order to initiate a Land Encroachment Proceeding or to order demolition of anybody properties. The present is only an order asking the Circle Officer to perform his duty to examine matters. The application stands disposed. P.K. (Navin Sinha, J.)