IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9946 of 2004 NAGINA BAITHA SON OF GAMHU, RESIDENT OF VILLAGE HARPUR KOTHI, P.O. PANDITPUR, P.S. JANTA BAZAR, DISTRICT SARAN – PETITIONER. Versus 1. THE STATE OF BIHAR 2. COLLECTOR, SARAN. 3. SUPERINTENDENT OF POLICE, SARAN. 4. OFFICER-IN-CHARGE, JANTA BAZAR, POLICE STATION , JANTA BAZAR, DISTRICT SARAN. 5. KAILASH RAM, OFFICER-IN-CHARGE, JANTA BAZAR, POLICE STATION, JANTA BAZAR, DISTRICT SARAN --- RESPONDENTS. ----------- 4/ 07-04-2011 Heard the parties. The petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking a direction upon the respondents to remove the illegal structure made on a public land (flank of road) contiguous east of R.S. Plot no. 1125 of village- Harpur, P.S. Janta Bazar, District Saran. A counter affidavit has been filed on behalf of respondent no.3 wherein right and title of the petitioner with respect to plot no. 1125 is not disputed. In view of the fact that the allegation of illegal construction is against the State officials, who are respondents in the present proceeding, this Court is of the considered opinion that the matter should be looked into by the respondent-District Collector, Saran for redressal of valid grievances of the petitioner. In the aforesaid facts and circumstances, the 2 petitioner is hereby directed to file a detailed representation raising his grievances before the respondent District Collector, Saran within a period of four weeks from today with a certified copy of the present order, whereafter respondent District Collector shall be obliged to dispose of the same by speaking order after giving reasonable opportunity of hearing to the petitioner and all other concerned persons. Entire exercise must be completed by the respondent District Collector within a period of three months from the date of filing of such application. It goes without saying that if no such representation along with a certified copy of the present order is filed by the petitioner within the time prescribed by this Court, then it shall be construed that the present writ petition has finally been rejected by this Court. With the aforesaid observations/directions, the writ petition stands disposed of. No costs. BTiwary/ ( Birendra Prasad Verma, J.)