IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11732 of 2004 SHYAM KISHORE PRASAD, Son of late Anand Deo Prasad, Vill+P.O.-Sanjalpur, P.S. Ander, Distt.-Siwan. ………Petitioner Versus 1. THE STATE OF BIHAR. 2. District Magistrate-cum-Collector, Siwan Collectorate, Siwan. 3. Sub-divisional Officer, Siwan, Distt.-Siwan 4. Deputy Development Commissioner, Siwan. 5. Circle Officer, Ander, District-Siwan. 6. Shivaji Yadav, Mukhiya, Gram Panchayat, Mian Ka Bhatkan, P.S.-Ander, Distt.-Siwan. 7. Bijay Bahadur Sah, S/o Name not know, Headmaster, Rajkiya Madhya Vidayalaya, Godhi Andar, Siwan. ……..Respondents ----------- 5/ 11.04.2011 Heard the parties. 2. The petitioner has filed the present writ petition raising a grievance that though, admittedly, plot no.628 appertaining to khata no.149, area 1 katha, 10 dhurs situate at Village-Sanjalpur, P.S.- Ander, District-Siwan belongs to him, yet the private respondent nos. 6 and 7, without any authority of law, are trying to encroach upon the same, and are further trying to obstruct the passage of the petitioner. 3. Despite specific order dated 08.02.2005 passed by a Bench of this Court, counter affidavit has not been filed on behalf of respondent nos. 1 to 2 5. Despite service of notice, respondent nos. 6 and 7 have not entered appearance for opposing the prayer made on behalf of the petitioner in the present proceeding. 4. In view of nature of dispute raised in the present proceeding, this Court is of the considered opinion that the matter must be examined by the respondent-District Magistrate, Siwan. 5. In the aforesaid facts and circumstances, the petitioner is hereby directed to file a detailed representation within a period of four weeks from today before respondent-District Magistrate, Siwan raising his all grievances with respect to land in dispute. If such a representation is filed within aforesaid period of four weeks from today with a certified copy of the present order, respondent- District Magistrate, Siwan shall be obliged to consider the same in accordance with law, after giving an opportunity of hearing to the petitioner and other concerned persons including respondent nos. 6 and 7. Respondent-District Magistrate shall further be obliged to decide the whole dispute between the 3 parties by a speaking order within a period of three months from the date of filing of such representation. 6. It goes without saying that if no such representation is filed by the petitioner within time prescribed by this Court with certified copy of the present order, then it shall be construed that the present writ petition has finally been rejected by this Court. 7. Till the matter is finally disposed of by respondent-District Magistrate, Siwan, status quo as obtaining today shall be maintained by the parties with respect to land in dispute. 8. With the aforesaid observations and directions, the present writ petition stands disposed of. No costs. Anjani/ ( Birendra Prasad Verma, J.)