IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2928 of 2005 RAM SARANAGAT THAKUR son of late Kishori Thakur,R/o village Gaura, Tola Chaupar, P.O. Batara, P.S. Nanpur, District Sitamarhi. ….Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector-cum-District Magistrate, Sitamarhi. 3. The Additional Collector, Sitamarhi. 4. The Sub Divisional Magistrate, Pupri, Sitamarhi. 5. The Superintendent of Police, Sitamarhi. 6. The Officer In charge (Thana Prabhari), Nanpur, Sitamarhi. 7. The Deputy Collector, Land Reforms, Sitamarhi East …Respondent Ist Set. 8. Ram Lochhan Rai 9. Ram Ekbal Rai, both sons of Acchai Lal Rai, R/o Village Gaura, Tola Chanpur, P.S. nanpur, P.O. Batara, District Sitamarhi. ….Respondent 2nd set. 10. Rambilas Singh, son of late primal Singh, R/o village Madhopur, P.S. Katara, Disitrict Muzaffarpur ……Respondents---3rd Set. ----------- 2 18.05.2011 Heard the parties. 2. The grievance of the petitioner in the present proceeding is that though his claim of preemption with respect to Plot no. 3431 appertaining to Khata no. 573 area 11 decimals situate at village Gaura P.S. Nanpur, District Sitamarhi has been allowed by all the authorities including the Board of Revenue and a transfer deed has been executed by respondent Sub divisional Officer vide Annexure-2, yet respondents No.8 and 9 have unauthorisedly occupied the lands in question and are not allowing the petitioner to take possession over the same. 3. In the considered opinion of this Court, 2 the issue raised in the present proceeding is required to be examined by respondent District Collector, Sitamarhi and, if required, corrective measures are required to be taken by him, or the officers subordinate to him who have been arrayed as respondents in the present proceeding. 4. The petitioner is hereby directed to appear before respondent District Collector, Sitamarhi within a period of four weeks from today with a certified copy of the present order and detailed representation, raising all his grievances which have been raised in the present proceeding. If the petitioner appears before respondent District Collector, Sitamarhi with a certified copy of the present order and a representation within the time prescribed by this Court, then respondent District Collector shall be obliged to consider the same and shall further be obliged to dispose it of in accordance with law by a speaking order, after giving an opportunity of hearing to the petitioner and all other concerned persons including private respondents. If after hearing the parties, respondent District Collector comes to a finding that respondents no.8 and 9 are under unauthorized occupation on the land in question, in view of the orders passed in the Pre-emption case filed by the petitioner, then he shall issue an appropriate order/direction for 3 removal of respondents no.8 and 9 from the lands in question and putting the petitioner in possession over the land in question. Entire exercise must be completed by the respondent District Collector within a period of three months from the date of filing of a representation and appearance of the petitioner. 5. However, if the petitioner does not appear within the time prescribed by this Court with a representation and a certified copy of the present order before respondent district Collector, then it shall be construed that the wit petition filed on behalf of petitioner has finally been rejected by this Court. 6. With the aforesaid observations and directions, the writ petition stands disposed of. No costs. Rahman/ (Birendra Prasad Verma, J.)