IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5938 of 2008 1. Satyadeo Mahto Son of Sri Sakhichan Mahto 2. Ramakant Mahto son of Sri Ramashish Mahto 3. Ramajee Mahto Son of Sri Jagnarayan Mahto, all resident of Village- Sikanderpur, P.S. G.B. Nagar (Tarwara) District- Siwan .......... petitioners. Versus 1. The State Of Bihar 2. The District Magistrate-Cum-Collector, Siwan. 3. The sub-Divisional Officer, Siwan. 4. The Circle Officer, Barharia District- siwan. 5. Gorakh Singh Son of Late Mahabir Singh resident of Village- Sikanderpur, Police station G.B. Nagar (Tarwara) District- Siwan. ------------------- respondents. ----------- 2 05.07.2011 The petitioner has filed this writ application for removal of the encroachment made by respondent no.5 in the village Sikanderpur on Khata No. 86 Survey No. 1618, Area 10 Katha 14 Dhurs. It is recorded in the Khatian as Dihbasgit Gaurmazawawa Gadaha Malikan, which is being used by public to drain out the waste of their houses and due to encroachment, the water has accumulated causing great nuisance and danger for spread epidemic. It appears from the counter affidavit, filed on behalf of the respondent nos. 2, 3 and 4, that prima facie after measurement, the authorities came to know about the encroachment and initiated a proceeding. It appears from Annexure-D, i.e., the order dated 2 08.04.2008 passed in Encroachment Case No. 2/08-09 that the notices were issued finding a prima facie case of encroachment, but it further appears by the order dated 27.05.2008 that in pursuance to the notices issued, the encroachers did not appear. It is submitted by the learned counsel for the petitioner that till date, the encroachment has not been removed and initiation of proceeding was only a mere formality in order to file a counter affidavit in the present writ application. It is expected from the respondent authorities, particularly respondent no.4, to conclude the encroachment case No. 2/09-08 within a period of two months from the date of receipt of the present order, if it has not already been concluded and take appropriate action in the matter as per the conclusive finding arrived at in the encroachment proceeding. With the above observation, this application is disposed off. Amrendra/- (Dinesh Kumar Singh, J.)