IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2475 of 2010 1. RAMESHWAR PRASAD S/O LATEMAKARDHWAJ PRASAD R/O VILL-KARAHI KHURD, P.S- BASANTPUR, DISTT- SIWAN 2. WAKIL ROY S/O LATE INDRASHAN ROY R/O VILL- MURWAR,P.S-BASANTPUR, DISTT- SIWAN 3. PRAHALAD PRASAD S/O LATE RAM CHANDRA SAH R/O VILL AND P.S- BASANTPUR, DISTT- SIWAN 4. NARAIN PASWAN S/O LATE RAM DAYAL MANJHI R/O VILL-MATHIA,P.S-BASANTPUR, DISTT- SIWAN 5. SURENDRA MANJHI S/O LATE ASHARFI MANJHI, R/O VILL-KARAHI KHURD, P.S- BASANTPUR, DISTT- SIWAN Versus 1. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE-CUM-COLLECTOR, SIWAN 2. THE DISTRICT MAGISTRATE CUM COLLECTOR SIWAN 3. THE SUB-DIVISIONAL MAGISTRATE, MAHARAJGANJ CUM DEPUTY COLLECTOR, LAND REFORMS, MAHARAJGANJ, SIWAN 4. THE CIRCLE OFFICER, BASANTPUR, DISTT- SIWAN 5. THE DISTRICT EDUCATION OFFICER, SIWAN 6. THE HEAD MASTER, GOVT. HIGH SCHOOL, BASANTPUR, P.S- BASANTPUR, DISTT- SIWAN ----------- 4. 15.03.2010. In compliance of my order dated 26.2.2010, Collector, Siwan is present and has filed counter affidavit through his counsel A.C. to A.A.G.-3 which is taken on record. It appears from paragraph 30 of the counter affidavit that having cancelled the Jamabandi of the lands in- question made in favour of the petitioner learned Collector is proposing to take possession of the lands in-question. Learned Collector is at liberty to take possession of the lands in-question either by initiating a proceeding under the Land Encroachment Act or by approaching the competent Civil Court but until orders under the Land Encroachment Act or by a competent Civil Court is passed, possession of the petitioners over the lands in-question be not threatened. With the observation aforesaid, the writ application is disposed of. P.K.P. (V.N.Sinha,J.)