IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13505 of 2005 HAFFIJULAH @ HAFFIJULLAH SAH son of Late Bakhat Sah of village Kautholi, P.S.-Mairwa, District-Siwan. ……………….. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector, Siwan. 3. Anchaladhikari, Mairwa, Siwan. 4. Ibrahim Mian son of Ramjan Miyan Resident of village- Kautholia, P.s.-Mairwa, District-Siwan. ………………. Respondents. ----------- 5 29.04.2009 Heard learned counsel for the petitioner and learned counsel for the respondents. Vide detailed order dated 13.1.2009 the Court was constrained to verify whether based on a collusive report of Halka karmachari, obtained by the deponent, namely Circle Officer, Mairwa was filed as there was conflicting version between the affidavit filed by the State as well as the petitioner. It was in this background that the Court ordered that a Judicial officer nominated by the District Judge, Siwan will visit the spot and furnish a report in sealed cover. The report has been furnished where prima-faice allegation made by the petitioner in opposition to the counter affidavit seems to be correct. Learned counsel for the petitioner 2 has filed a supplementary affidavit where a large number of villagers have also certified that the encroachment have been removed only on 5.2.2009. The above material was good enough for this Court to take further action against the deponent who has either been brave or has intentionally filed a misleading counter affidavit. But keeping the fact in mind that the encroachment finally stands removed. The deponent Md. Nayyer Inqbal, the then Circle Officer, Mairwa is left with warning that he shall be more responsible and cautious in filing affidavits before the High Court in any matter where he shall be called upon or would be required to do so. This writ application stands disposed of in the light of the above. Bibhash (Ajay Kumar Tripathi, J.)