IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4937 of 2006 BRIJ KISHOR SINGH SON OF LATE RAMADHAR SINGH, RESIDENT OF VILLAGE- MOHANPUR, P.S. BASUDEO DEHRI, BLOCK & P.S. DINARA, DISTRICT- ROHTAS AT SASARAM. .. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, ROHTAS AT SASARAM. 3. THE CIRCLE OFFICER, DINARA, DISTRICT ROHTAS AT SASARAM. 4. RAJENDRA SINGH SON OF LATE JAGARNATH SINGH. 5. HARAKH SINGH, SON OF LATE JAGARNATH SINGH. 6. YOG NATH SINGH, SON OF LATE JAGARNATH SINGH, ALL RESIDENT OF VILLAGE- MOHANPUR, P.S. BASUDEO DEHRI, P.S. DINARA, DISTRICT- ROHTAS AT SASARAM. .. RESPONDENTS. For the petitioner: M/s. Kamla Kant Pathak and Maithili Sharan Pathak, Advocates. For the State: M/s. S.D. Sanjay. AAG-12 and Atal Bihari Pandey, AC to AAG-12. ----------- 2. 15.03.2011 Heard learned counsel for the petitioner and the State. 2. This writ petition has been filed for a direction to the Circle Officer, Dinara, Rohtas to remove encroachment from Plot Nos. 292, 306 appertaining to Khata No. 38 of village- Mohanpur, P.S. Dinara, District- Rohtas. It is submitted on behalf of the petitioner that for the aforesaid relief petitioner filed petition dated 10.2.2006, 20.2.2006, Annexures- 1, 2 before the Circle Officer, Dinara, Rohtas but the same was not registered as encroachment case and he had to file the present writ petition. Alongwith the writ petition, petitioner has also annexed registration 2 receipt showing dispatch of the petition to the Circle Officer under registered cover. The receipts are Annexures-2/1, 2/2, and 2/3. 3. Circle Officer, Dinara has filed counter affidavit and states that application Annexures- 1 and 2 has not been received by him as also petitioner has not given the extent of encroachment made by the encroachers. The counter affidavit however does not speak anything about the registration receipts Annexures- 2/1, 2/2 and 2/3. Without going into the controversy as to whether representation Annexures-1 and 2 were dispatched through registered post or not, I direct the petitioner to file a fresh representation for removal of encroachment from the lands in question annexing a copy of this order before the Circle Officer, Dinara who should register the same as encroachment case and proceed to measure the lands in question and if any encroachment is found, same be removed within a reasonable time, in any case within two months from the date of receipt of the representation along with a copy of this order. Ibrar/- ( V.N.Sinha, J.)