IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4209 of 2009 Om Prakash Gupta son of Sita Ram Gupta, Resident of Village- Kalwan Police Station- Amas, District-Gaya. ….Petitioner. Versus 1. The State of Bihar 2. The District Magistrate, Gaya. 3. Anchal Adhikari, Anchal, Amas District-Gaya. 4. Bhim Paswan, son of Late Bideshi Paswan Resident of Village-Kalwan, Police Station-Amas, District-Gaya. ….Respondents. ----------- For the petitioner : Mr. Umakant Prasad, Advocate. For the respondents-State : Mr. Himanshu Kumar AKELA A.C. to G.A.-5. ----- 02/ 19.07.2010 Heard learned counsel for the petitioner as well as learned counsel for respondent nos. 1 to 3. No notice is required to be sent to private respondent no.4 in view of the nature of the order which this court is going to pass. This writ petition has been filed by the petitioner for directing Anchal Adhikari, Amas-Anchal within the district of Gaya to dispose of Encroachment Case No.07 of 2008-09 which was filed at the instance of the petitioner against respondent no.4 and is pending before respondent no.3 since 01.07.2008. Learned counsel for the petitioner submits that no notice is being taken although two years have lapsed and respondent no.4 has encroached upon public land. Considering the facts and circumstances of the case, this writ petition is disposed of with a direction to Anchal Adhikari, Amas Anchal within the district of Gaya to dispose of Encroachment Case No.07/2008-09 pending before - 2 - him within three months from the date of receipt/production of a copy of this order in accordance with law. However, the petitioner will be at liberty to file an interlocutory application in the said case for restraining respondent no.4 from making any construction over the land in question which application must also be considered and decided by respondent no.3 in accordance with law expeditiously. Sunil (S. N. Hussain, J.)