IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.247 of 2010 1. JANARDAN PRASAD CHOUDHARY S/O LATE RAMESHWAR CHOUDHARY R/O MOH- KASHIPUR (BEHIND DURGA PIRCUTRE PLACE), P.S. TOWN, DISTT. SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE SAMASTIPUR 3. EXECUTIVE OFFICER MUNICIPAL BOARD (NAGARPALIKA), DISTT. SAMASTIPUR 4. SUPERINTENDENT OF POLICE SAMASTIPUR 5. KUNDAN SINGH S/O PRADUMAN SINGH R/O MOH- KASHIPUR (BEHIND DURGA PIRCUTRE PALACE), P.S. TOWN, DISTT. SAMASTIPUR 6. BANDAN SINGH S/O PRADUMAN SINGH R/O MOH- KASHIPUR (BEHIND DURGA PIRCUTRE PALACE), P.S. TOWN, DISTT. SAMASTIPUR 7. NAGESHWAR SINGH S/O LATE KUSHESHWAR SINGH R/O MOH- KASHIPUR (BEHIND DURGA PIRCUTRE PALACE), P.S. TOWN, DISTT. SAMASTIPUR 8. BABUEY LAL CHOUDHARY S/O LATE RAM KHELAWAN CHOUDHARY R/O MOH- KASHIPUR (BEHIND DURGA PIRCUTRE PALACE), P.S. TOWN, DISTT. SAMASTIPUR ----------- 02. 01.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. If what the petitioner alleges with regard to encroachment of a public road is correct, nonetheless he has adequate alternative remedy under Section 147 Cr.P.C. If the petitioner files such application before the competent authority, let the same be considered and after due opportunity to the all concerned be disposed off by a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order. If the lands are found to be public lands as is 2 suggested on behalf of the petitioner, the jurisdiction of the authorities under the Bihar Public Lands Encroachment Act shall not remain fettered in any manner and for which purpose the petitioner is stated to have already represented before the Sub Divisional Officer, the authority competent under the Bihar Public Lands Encroachment Act, to be exercised in like manner within the same period. The application stands disposed. P.K ( Navin Sinha, J.)