IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2644 of 2010 1. AJIT KUMAR S/O RAJ KUMAR RAI R/O VILL.- JITWARPUR NIZAMAT, WARD NO. 12, P.S.- SAMASTIPUR (MUFFASIL), DISTT.- SAMASTIPUR, AT PRESENT WORKING AS TEACHER AT GOVT. PRIMARY VIDALAYA, JITWARPUR NIZAMAT, SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY NEW SECRETARIAT, BIHAR AT PATNA 2. THE DISTRICT MAGISTRATE SAMASTIPUR 3. THE BLOCK DEVELOPMENT OFFICER SAMASTIPUR 4. THE CIRCLE OFFICER SAMASTIPUR 5. RAMSHRESTH RAI S/O LATE BHIKHAR RAI R/O VILL.- JITWARPUR NIZAMAT, WARD NO. 13, P.S.- SAMASTIPUR (MUFFASIL), DISTT.- SAMASTIPUR ----------- 2/ 19/04/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner alleges encroachment by Respondent No.5 on Gairmajarua Aam land identified as Khata No.273, Khesra No.1952 (Old), Jitwarpur Chauth, Khirhari Pokhar adjacent south premises of Rajkiya Prathmik Vidyalaya, Jitwarpur Chouth (Harizon). He is stated to have filed a representation before the Circle Officer-cum-Block Development Officer, Samastipur on 10.2.2009. A report is alleged to have been called for and submitted on 24.2.2009 by the revenue clerk. The application is disposed with the observation that let the statutory authority under the Bihar Public Land Encroachment Act examine the grievances of the petitioner if he is satisfied that no encroachment has been made he shall pass a brief reasoned and speaking order. Conversely, if he is satisfied that there was encroachment on public lands he is expected to register a proper case and take the same to its logical conclusion by 2 passing an adjudicatory order after hearing all concerned. Let this order in its entirety be complied with within a maximum period of four months from the date of receipt/production of a copy of this order. It is made clear that this Court has not gone into the merits of the matter. Nothing in this order shall be deemed or construed as any observation for the correctness of the allegations with regard to an alleged encroachment. Whether an encroachment exists or not is for the authorities to decide, the Court has made no pronouncement upon the same. The writ application stands disposed. KC ( Navin Sinha, J.)