IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4201 of 2005 Md.Qamerul Hodda, s/o Late Md. Mojibur Rahman, Mohalla-Talakhapur Dumra Kothi Tola, P.O.- Dumra (Sitamarhi Court), P.S.- Sitamarhi, District- Sitamarhi… …….Petitioner Versus The State Of Bihar & Ors….. … ..Respondents ----------- For the Petitioner : Mr. Kumod Kr. Shrivastava, Advocate For the State : Mr. Yogendra Kr. Singh, Advocate ……………. 2 21.07.2011 Heard learned counsel for the petitioner and the State. This application has been filed seeking a direction to the authorities to initiate encroachment proceeding against some persons who have allegedly encroached the public road R.S.P. No. 1047 fully described in paragraph 1 of this writ application. It is claimed that the petitioner has approached the Collector who has referred the matter to the Circle Officer but thereafter no action has been taken by the authority. In above view of the matter, since the matter is of the year 2005 itself, the petitioner is directed to approach the concerned authority afresh by filing a proper application under the Bihar Public Land 2 Encroachment Act, 1956, if the encroachment, according to him, still exists. If such application is filed within six weeks then the concerned authority after registering the case shall proceed in accordance with law and take a decision preferably within four months after consideration of the case and giving the opportunity of hearing to all the concerned parties. Accordingly, this application stands disposed of. It is made clear that this Court has not formed any opinion with regard to the merit of the case of the petitioner. Sanjay-II ( Dr. Ravi Ranjan, J.)