IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15413 of 2010 SUJAY KUMAR PANDEY son of Sri Ram Ekbal Pandey, resident of village Nisarapura, P.O. Amarpura, Police Station Naubatpur, District Patna … Petitioner Versus 1. THE STATE OF BIHAR, 2. District Magistrate, Patna, 3. Sub-Divisional Magistrate, Danapur, District-Patna 4. Executive Engineer, Irrigation, Khagaul Division, Patna, 5. Sub-Divisional Officer, Sone Canal Sub-Division, Naubatpur, Patna, 6. Executive Engineer, P.W.D., Patna, 7. Anchal Adhikari, Naubatpur, District Patna, 8. Saroj Shahson of Yogendra Shah, Resident of Village Bhawan Chawk, Police Station Naubatpur, District Patna, 9. Suraj Singh son of Devendra Singh, Resident of Village Avopur, Police Station Naubatpur, District Patna, 10. Nandu Sharma son of late Chitradev Singh, resident of village Abharanchak, Police Station, Naubatpur, Distirct Patna, 11. Ram Vinay Kumar Gupta, 12. Raj Kumar Shah, 13. Anil Shah, 14. Kanchan Shah, 15. Sunil Shah All (11 to 15) are sons of Indra Shah, resident of Village Nisarpura, Police Station, Naubatpur, District Patna, 16. Ram Anju Singh son of Late Ram Bachchan Singh, resident of village Aropur, Police Station Naubatpur, District Patna, 17. Manish Kumar son of Late Rajendra Singh, resident of Village Nisarpura, Police Station Naubatpur, District Patna. … Respondents For the Petitioner: Mr. Jitendra Pd. Singh, Advocate, For the State : Mr. R.C. Bharti, SC 14 For Private Respondents: Mr. Rana Ishwar Chandra, Advocate ----------- 2 6 08.12.2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for some of the private respondents. According to the petitioner, some public land, which was being used for irrigation and movement of water to meet the needs of public, has been encroached upon by ten persons, who have unauthorisedly constructed shops and houses over the said land and hence the State should take action to evict the encroachers so that the villagers and residents may use their public rights of user of the land as Nala or Aahar. From the counter affidavit filed on behalf of the State, it appears that a preliminary inquiry has already been held leading to Encroachment Case No. 1/2010-11 before the Anchaladhikari, Naubatpur (Patna). The notice issued by the Anchaladhikari dated 26.10.2010 against the alleged encroachers has been annexed as Annexure E to the counter affidavit. Learned counsel for the private respondents wants time to raise appropriate defence on behalf of the private respondents. 3 However, considering the nature of the proposed order, we do not think necessary to grant time to the private respondents for filing a counter affidavit. Without going into the merit of allegations made by the petitioner, now when the appropriate authority has initiated cases for removal of encroachment from public land, it would be open for the private respondents to raise their defence before the appropriate authority, who is directed to dispose of the pending proceeding in accordance with law without any delay, preferably within four months. With the aforesaid direction/observation, this writ petition is disposed of. SC (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)