IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14377 of 2005 Vijay Mistri son of Late Degan Mistri, Resident of village- Bhadoini, P.S. Nawadah Town, District- Nawadah. ……… Petitioner. Versus 1. The State of Bihar through its Chief Secretary, Patna. 2. The District Magistrate of Nawadah. 3. The Police Superintendent of Police, Nawadah. 4. The Sub-Divisional Magistrate , Nawadah. 5. Vinay Singh , son of Jago Singh, Resident oif village- Bhadouni, P.S. Nawadah Town, District- Nawadah. …….. Respondents. ---------------------------------- 3 24.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. The writ petition has been filed for a direction to the respondents to implement their own order by which it had been directed to remove the encroachment made by the Private party upon the land of the petitioner measured by the State Authorities and for constructing boundary wall. Learned counsel for the petitioner submits that pursuant to the demarcation made by the Amin on the spot a report was submitted on 13.9.2004. Subsequently in pursuance of the measurement report direction was given for removal of encroachment made on either side by person concerned and also direction was given to depute the Magistrate with Police Officer to see that there was no encroachment by others and if there is any encroachment, 2 the same be removed. According to the same, the petitioner deposited the amount required for deputation of Police force for the said purpose and also an officer of the State was designated as a Magistrate to accompany police party. He submits that the same could not be implemented in the absence of the availability of the police force. Later on, again a request was made to the S.P., Nawada to depute the police force but somehow or the other, the order was not complied for one reason or the other. Learned counsel for the State submits that the authorities are required to discharge their obligation under law and to that extent they have already discharged their obligation and this Court need not interfere in the matter. In the opinion of the Court the official respondents are obliged to ensure that whatever order they pass, the same should be taken to its logical conclusion. This Court would like to indicate here that it is expected of the official authorities that they pass only such orders which they have jurisdiction to pass. From the facts and circumstances of this case and without giving any opinion as to the merits of the lis involved, the writ petition stands disposed off with a 3 direction to S.P. and S.D.O., Nawadah to ensure that the orders passed by the authority are implemented. Let the same be done in accordance with law after following the procedure within a period of three months from the date of production/receipt of a copy of the order on the Sub-Divisional Magistrate as well as S.P., Nawadah. Sudha (Ahsanuddin Amanullah, J.)