IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9614 of 2010 BAIJNATH PRASAD GUPTA, SON OF LATE JANKI PRASAD, R/O VILLAGE + P.O. + P.S. – DEO, DISTRICT – AURANGABAD ……… PETITIONER Versus 1. THE STATE OF BIHAR, 2. THE DISTRICT MAGISTRATE, AURANGABAD, 3. DEPUTY COLLECTOR, AURANGABAD, 4. THE CIRCLE OFFICER, DEO, AURANGABAD, 5. THE OFFICER IN-CHARGE, DEO, AURANGABAD, 6. BHAWANI PRASAD, SON OF …… R/O VILLAGE-MALAHI TOLI, DEO, P.S. DEO, DISTRICT AURANGABAD …….. RESPONDENTS. ----------- 2. 24.06.2010. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner claims to have moved this Court through this writ petition in public interest for removal of the alleged encroachment over 2 ½ decimals of public land of Khata No. 346, Plot No. 3725 in Village – Deo at District Aurangabad. From annexures to the writ petition, it appears that the petitioner or some other person has already brought such a grievance to the notice of the Anchal Adhikari, Deo, who has issued notice to Bhawani Sao, and some directions or orders were passed on 04.02.2010 for measurement and identification of the alleged 2 encroachment and for its removal by 13th February, 2010. The annexures do not show that the concerned authority has proceeded to institute a proper case under the provisions of Bihar Public Land Encroachment Act. We are of the view that since statutory remedy is available in such a matter, the petitioner should approach the Anchal Adhikari, Deo once again with a copy of this order. On petitioner’s approaching the Anchal Adhikari, Deo, the latter shall proceed in accordance with law and take steps for removal of encroachment, if any, on public land expeditiously preferably within four months from the date of filing of such representation. A fresh case will be instituted only if a case in this regard has not been instituted earlier. This application stands disposed of. Dilip ( R.M. Doshit, C.J. ) ( Shiva Kirti Singh, J. )