IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8174 of 2009 AMRENDRA KUMAR, S/O SRI AWADHESH SHARMA R/O VILLAGE AND P.O. BADHETA, P.S. PARASBIGHA, DISTRICT- JEHANABAD. -PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE BIHAR RURAL ROADS DEVELOPMENT AGENCY, GOVT. OF BIHAR, PATNA, THROUGH ITS SECRETARY. 3. THE DISTRICT MAGISTRATE, JEHANABAD, 4. THE SUBDIVISIONAL OFFIER, JEHANABAD, 5. THE EXECUTIVE ENGINEER, RURAL WORK DEPARTMENT, WORK DIVISION NO.2, JEHANABAD. 6. THE SUPERINTENDENT OF POLICE, JEHANABAD. 7. THE CIRCLE OFFICER, RATI FARIDPUR, JEHANABAD. 8. SRI RANGNATH SHARMA, SON OF LATE RAMDHARI SHARMA, R/O BADHETA, P.S. PARASBIGHA, DISTRICT-JEHANABAD. -RESPONDENTS ******* FOR THE PETITIONER : Mr. Arbind Kr. Singh FOR THE STATE : Mr. Shashi Bhushan Kumar 4 01.09.2009 Heard Mr. Arbind Kr. Singh, for the petitioner, and Mr. Shashi Bhushan Kumar, for the respondents. In view of the order proposed to be passed, it is not necessary to issue any notice to respondent no.8. However, it is made clear that in case respondent no.8 feels 2 aggrieved by the present order he can file petition for appropriate order. The petitioner alleges that encroachment has been made by respondent no.8 and in-spite of representation being made, no action is being taken. In the counter affidavit, it has been stated that encroachment Case no.1 of 2009-10 has been initiated. The counsel for the petitioner has stated that no proceeding has been initiated in respect of other plots over which there is encroachment. Without expressing any opinion on the contention made in the writ petition, we call upon respondent no.7 to dispose of the Encroachment Case no.1 of 2009-10 in accordance with law by issuing appropriate notice to the concerned person. It is made clear that this order should not be construed as expressing any opinion on the said matter and such matter should be decided in accordance with law. It is also made clear that if the petitioner files any further representation relating to any other encroachment, it would be open to the appropriate Authority to consider the 3 same in accordance with law. The writ petition is, accordingly, disposed of. (P.K. Misra, CJ.) (Anjana Prakash, J.) AAhmad