IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12331 of 2007 RAMASHRAYA YADAV, son of late Bochai Yadav, resident of village- Kasaha, Police Station- Barauni, District- Begusarai. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Begusarai, 3. The District Fishery Officer-cum- Chief Executive Officer, Begusarai. 4. Ramashish Sahni, Mantri of Barauni Block Matsyajiwi Swawlambi Sahkari Samiti Ltd., Barauni, District- Begusarai. . . . . . Respondents. ----------- 6/ 13.01.2010 Heard learned counsel for the petitioner and the State. In the instant writ application, petitioner prays for commanding the respondents not to interfere with the peaceful possession of the petitioner over 8 Bighas 5 Kathas of lands situated in Mauza Simariya, Thana no. 500 appertaining to khata no. 312, Khesara nos. 4603, 4604, 4605 and 4606 from the north side of the acquired plot of the Government in Chakiya Jheel, Barauni. The petitioner states that he owned 13 Bighas, 17 Kathas and 15 Dhurs of land appertaining to khata no. 312, Khesara nos. 4603, 4604, 4605 and 4606 of revenue Thana no. 500. Out of aforesaid land 5 Bighas, 12 Kathas and 15 Dhurs was acquired for construction of Rail Lines by the Railway Ministry and the remaining land is in his peaceful possession. Further more, 4 Bighas land out of 8 Bighas and 5 Kathas is a ditch, which contains some water through out the year. According to the petitioner, the District Fishery Officer, Begusarai illegally settled the same treating the same as Government Jalkar, though the same is Raiyati land. The petitioner filed Title Suit no. 124 of 1985 for declaration of his title, which was decreed by Additional Munsif- II, Begusarai. Thereafter the defendants filed Title Appeal no. 10 of - 2 - 1994, which is still pending. After the decree, the petitioner filed Misc. Case no. 22 of 1996 before the District Magistrate, Begusarai for demarcation of land, which was passed in his favour. However, after some time respondent no. 3 District Fishery Officer-cum-Chief Executive Officer, Begusarai vide his letter no.229 dated 03.05.2005 informed the District Magistrate, Begusarai that petitioner was illegally fishing in Chakiya Jheel, whereupon the District Magistrate, Begusarai restrained the petitioner from going to it. The petitioner asserts that the ditch or pond in question is his raiyati property. Learned counsel submits that he has filed a detailed representation before the District Magistrate, Begusarai, which is still pending since 2006. After hearing the counsel for the parties, I observe that if petitioner files a detailed representation before the District Magistrate, Begusarai, the latter would dispose of the same within a period of three months from the date of receipt of this order. The petitioner may also appear in person or through his counsel before the District Magistrate, Begusarai to explain his case. This writ application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)