IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1856 of 2010 1. MOST. MANORAMA DEVI W/O LATE JAGDISH NARAYAN SINGH NORTHERN LANE, MEENA BAZAR, P.S. ALAMGANJ, DISTT.- PATNA- 800007 Versus 1. THE STATE OF BIHAR REPRESENTED THROUGH THE COLLECTOR, PATNA- 800001 2. THE COLLECTOR, PATNA- 800001 3. THE SR. S.P., PATNA- 800001 4. THE S.D.M., PATNA CITY- 800008 5. THE DY. S.P., PATNA CITY- 800008 6. THE S.H.O. CUM INSPECTOR OF POLICE ALAMGANJ POLICE STATION, DISTT.- PATNA- 800007 ----------- 2. 05.04.2011 Heard learned counsel for the petitioner and the State. The writ application was filed on 1.2.2010 alleging that notwithstanding the representations filed by the petitioner before the District Magistrate, Patna and others with regard to encroachment of Meena Bazar, Jalla Road, no action was being taken to remove the encroachments. Since the respondents have chosen not to file a counter affidavit for such long period of time, in the nature of the allegations, no useful purpose is going to be served by adjourning the matter for a counter affidavit. Counsel for the State submits that from the pleadings it does not appear that the petitioner has filed any application before the statutory 2 authority under the Land Encroachment Act. It appears from Annexure-2 that the petitioner had already represented before the Collector, Patna, the S.D.M., Patna City and the D.C.L.R., Patna City. This Court therefore directs the District Magistrate, Patna to examine the allegations of the petitioner. If on prima facie enquiry he is satisfied that the matter calls for further action under the Bihar Public Land Encroachment Act, he shall ensure that the statutory authority issues notice to the concerns and concludes the Land Encroachment Proceedings in accordance with law without unnecessary delay. Conversely, if on a prima facie enquiry the District Magistrate is satisfied that the allegations call for no action, he shall grant a personal or representative hearing to the petitioner and then dispose off the matter by a brief but reasoned order. Let this order be complied with within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)