IN THE HIGH COURT OF JUDICATURE AT PATNA Writ Jurisdiction Case No.6093 of 2010 Radhey Shyam Singh S/O Late Babulal Singh R/O Vill.+P.O.- Binji Naya Tola, P.S.- Korha, Distt.- Katihar Versus 1. The State Of Bihar 2. The District Magistrate, Katihar, Distt. Katihar 3. The S.D.O. Civil Katihar, Distt. Katihar 4. The B.D.O. Cum C.O., Korha Block, Distt. Katihar 5. The S.P., Katihar, Distt. Katihar 6. Binda Giri Goswami S/O Not Known R/O Vill. Binji, Bawanganj Bandhper P.S. Korha, Distt. Katihar. -------------------- 2. 26.8.2011. Learned counsel for the petitioner is permitted to add the Circle Officer, Korha, district Katihar as respondent no.7 to the present proceeding during the course of the day. Heard Mr. Arun Kumar No.1, learned counsel appearing on behalf of the petitioner and Mr. Tej Pratap Singh, learned Assisting Counsel to SC-17 for the State. The petitioner sought a direction to the respondents for removal of the encroachment from a public road situated at village Wavanganj Binji, P.S.Korha in the district of Katihar. It is the contention of the petitioner that the public road has been encroached upon by the respondent no.6. 2 A counter affidavit has been filed on behalf of the respondent nos.2 to 4 accepting the contention of the petitioner but submitting that not only the respondent no.6 but even the petitioner is an encroacher on the public road to the extent of 666 sqf. It is contended that the respondent no.6 has only encroached to the extent of 571.25 sqf. And in these circumstances, a proceeding under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the ‘the Act’) has been instituted and notice has been issued the petitioner and the respondent no.6 under Section 3 of the Act. It is also admitted that the respondent no.6 has since removed a part of the encroachment but part of land occupied by his building is still encroaching on the public land. Be that as it may, since a proceeding under the provisions of the Act has already been initiated by the respondent authorities giving rise to the Encroachment Case No.01 of 2010-11 and notices have been issued to the parties concerned, no purpose would be served in keeping this matter pending and it is 3 disposed of with a direction to the newly added respondent no.7 to conclude the proceedings in accordance with law expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order after giving opportunity of hearing to all the affected parties. ahk (Jyoti Saran, J.)