IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7488 of 2010 1. SAKAL MANDAL S/O GAINA MANDAL R/O JAGDISHPUR BAZAR, P.S. JAGDISHPUR, DISTT.- BHAGALPUR 2. SURESH MANDAL S/O GAINA MANDAL R/O JAGDISHPUR BAZAR, P.S. JAGDISHPUR, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, BHAGALPUR 3. THE SUPERINTENDENT OF POLICE BHAGALPUR 4. THE CIRCLE OFFICER JAGDISHPUR BLOCK, BHAGALPUR 5. THE OFFICER-IN-CHARGE JAGDISHPUR POLICE STATION, BHAGALPUR 6. UGAL RAJAK S/O LATE TETAR RAJAK R/O JAGDISHPUR BASTI, P.S. JAGDISHPUR, DISTT.- BHAGALPUR 7. KRISHNA RAJAK S/O LATE TETAR RAJAK R/O JAGDISHPUR BASTI, P.S. JAGDISHPUR, DISTT.- BHAGALPUR 8. KAILASH TANTI S/O CHHEDI TANTI R/O JAGDISHPUR BASTI, P.S. JAGDISHPUR, DISTT.- BHAGALPUR ----------- 2. 11.02.2011 Heard learned Counsel for the petitioners, learned Counsel for the State and the learned Counsel for Respondents 6 & 8. The relief sought for in the writ application is to enforce the final order in Land Encroachment Proceeding No. 9 of 2005-2006 notwithstanding which the encroachments were not being removed. A counter affidavit has been filed on behalf of Respondent No. 3, the Superintendent of Police, Bhagalpur. It states at paragraph 13 that Appeal No. 25 of 2008 was pending against the same before the Court of District Judge at Bhagalpur, last heard on 20.9.2010. Learned Counsel for the petitioners submits that he is not aware of any such appeal and it may pertain to a different matter not necessarily Land Encroachment Case No. 9 of 2005-2006.There is no rejoinder to the counter affidavit. When a government functionary files an affidavit making a specific statement of fact, especially with regard to pendency of a judicial proceeding, prima facie this Court has no reason to doubt the same. It is for the petitioner who seeks to question the same to bring materials on record in its support, which he has failed to do. The Court is not persuaded on speculative statement made on behalf of the petitioner to make any interference at this stage. If there be an appeal it has naturally to be disposed off expeditiously. The writ application stands disposed of in the aforesaid terms. Snkumar/- (Navin Sinha,J.)