IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.601 of 2009 Ram Vilash Paswan, Son of Late Ghuran Paswan, Resident of Village Sarisab, Police Station Benipatti, District Madhubani. ------ Petitioner Versus 1. The State Of Bihar. 2. The Collector, Madhubani. 3. The Sub-divisional Officer, Benipatti, PS Benipatti, District Madhubani. 4. The Circle Officer, Benipatti, PS Benipatti, District Madhubani. 5. The Executive Officer, Benipatti, PS Benipatti, District Madhubani. 6. The Additional Collector, Madhubani. ------ Respondents. ----------- 3 3.11.2011 The petitioner has made a prayer that the State authorities may remove the illegal constructions over Plot No. 1418 (old), 3496 (new), 1419 (old) and 1420 (old), Khata No. 116. The petitioner claims that the land was purchased by the father of the petitioner. Thereafter a dispute arose between the petitioner and one Subodh Paswan. A title suit 10 of 1991 was instituted which was decided in favour of the petitioner. Subodh Paswan apparently was granted a purcha by the State authorities for the lands in question which was subsequently cancelled. As of today the stand of the State is that the State authorities do not intend to construct over the lands in question and that no construction infact have been made on the land. It is further stated in the counter affidavit that, if at all it is Subodh Paswan who is disobeying the order of the Civil Court. This writ application has been filed, making the State party, in order to prevent Subodh Paswan from contravening the orders of the Civil Court. It would always be open for the petitioner to move the Officer Incharge of the concerned police station or take recourse in accordance with law for removal of any constructions on the lands described aforesaid. 2 The State authorities have obviously not made construction and do not intent to do so as per their counter affidavit and, therefore, no relief can be granted to the petitioner as far as the State authority are concerned. They can only act in accordance with directions of the competent authority for removal of the encroachment. This writ application is thus, disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)