IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.341 of 2011 2 7.7.2011 Pappu Rai, S/o Vishnu Rai, Resident of Village- Rachiyahi, P.S. Muffasil, District Begusarai …. Petitioner/ Appellant VERSUS 1. The State of Bihar 2. The Collector of Begusarai 3. The Circle Officer, Begusarai, District Begusarai 4. Chandrachur Mahto 5. Prem Chandra Mahto 6. Kailash Mahto 7. Ojek Mahto @ Ojeer Mahto All the resident of Village- Raichiyahi, P.S. Muffasil, District Begusarai 8. Tribhuwan Rai 9. Dayanand Rai Resident of Village- Raichiyahi, P.S. Muffasil, District Begusarai …. Respondents/ Respondents -------- For the Appellant : Mr Binod Kumar, Advocate For the State : Mr R.K.Choubey, SC 8 -------- Heard learned counsel for the appellant and learned counsel for the State. The facts noted by the Writ Court on the basis of which writ petition bearing CWJC No.5563 of 2009 preferred by the appellant, was dismissed on 18.1.2011 clearly show that the appellant and some other villagers had got a proceeding for removal of encroachment from public land although labelled as a miscellaneous case initiated and that case bearing no.2 of 2005-06 was dropped on - 2 - 30.5.2005 on the basis of measurement and other reports which showed non- existence of any public land as claimed by the appellant and others. In that view of the matter, the action of the authority in dropping a similar case lodged by the appellant subsequently cannot be faulted with because the remedy of the appellant lay in challenging the order dated 30.5.2005 before the higher authorities. Obviously, that was not done and before the same authority a fresh encroachment case was sought to be initiated. In order to verify the submissions made on behalf of the appellant that in fact the proceeding of 2005-06 was of different nature, we have perused the various reports, orders and applications relating to that proceeding which are annexures of counter affidavit filed in the writ case on behalf of the private respondents. Those annexures support the view taken by the Writ Court. We find no merit in this appeal. It is accordingly dismissed. sk (Shiva Kirti Singh, J.) (Shivaji Pandey, J. )