IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6536 of 2010 Shailendra Prasad, S/O Late Shivdhari Prasad, R/O Village- Balchand Hata, Post- Pakwaliya, P.S- Siwan Muffasil, District - Siwan. Versus 1. The State of Bihar 2. District Magistrate, Siwan. 3. The Superintendent of Police, Siwan. 4. The Circle Officer, Siwan, Sadar. 5. The Deputy Collector, Land Reforms, Siwan. 6. Radhe Lal, S/O Ramnath Prasad, R/O Balchand Hata, Post- Pakwaliya, P.S - Siwan Mufassil, District-Siwan. 7. Ragho Prasad, S/O Ramnath Prasad, R/O Balchand Hata, Post-Pakwaliya, P.S - Siwan Mufassil, District-Siwan. ------------------- 02/ 09.09.2011 Heard Mr. Ranjan Kumar Dubey, learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The writ petition has been filed seeking a direction of this Court to the respondent no. 2, the District Magistrate, Siwan to dispose of the representation of the petitioner filed on 25.2.2010 and for appropriate direction to the respondent no. 4, the Circle Officer, Siwan Sadar for taking appropriate steps for removal of encroachment over plot no. 103, survey no. 799 having an area of 6 katha 6 dhurs situated at village Balchand Hata, District Siwan, which is in the nature of gairmajarua aam rasta and has been encroached upon by the private respondent nos. 6 and 7. It is a matter of record that an encroachment proceeding was initiated against the private respondents on an application filed by the petitioner giving rise to Encroachment Case No. 1 of 2009 and upon an enquiry being made the complaint was found to 2 be true. It is the case of the petitioner that despite the aforesaid position the encroachment proceeding yet remains pending without any final order being passed on the same. It is contended that it is in this background that a representation was filed by the petitioner before the District Magistrate, Siwan on 25.2.2010 alleging laches and unnecessary delay on the part of the Circle Officer, Siwan Sadar in disposing of the encroachment case but as the same has also remained pending, hence the petitioner was constrained to move this Court. Having heard learned counsel for the petitioner and the State, the writ petition is disposed of with a direction to the respondent no. 4, the Circle Officer, Siwan Sadar to dispose of the Encroachment Case No. 1 of 2009 within a period of three months from the date of receipt/production of a copy of this order in accordance with law and after giving due opportunity of hearing to all the affected parties including the petitioner and the respondent nos. 6 and 7 herein. S.Sb/- (Jyoti Saran, J.)