IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6547 of 2010 Mahendra Mishra, S/O Bhaiyan Mishra, R/O Village- Ghanshyampur, P.S - Ghanshyampur, District-Darbhanga. Versus 1. The State Of Bihar. 2. The District Magistrate, Darbhanga. 3. The Sub Divisional Magistrate,Biroul,Darbhanga. 4. The Circle Officer, Ghansyampur,, Darbhanga. 5. The Superintendent Of Police,, Darbhanga. 6. The Officer In Charge,Ghansyampur,P.S.- Darbhanga. 7. Ghuran Mishra, S/O Jaduvir Mishra, R/O Village+P.O+P.S- Ghansyampur,District-Darbhanga. 8. Shankar Mishra, S/O Ghuran Mishra, R/O Village+P.O+P.S- Ghansyampur,District-Darbhanga. 9. Madho Mishra, S/O Late Bishambhar Mishra, R/O Village+P.O+P.S-Ghansyampur,District-Darbhanga. 10. Radho Mishra, S/O Late Bishambhar Mishra, R/O Village+P.O+P.S- Ghansyampur,District-Darbhanga. 11. Nilambar Mishra, S/O Late Yaduvir Mishra, R/O Village+P.O+P.S- Ghansyampur,District-Darbhanga. ------------------------- 02/ 15.09.2011 Heard Mr. Arun Kumar, learned counsel appearing on behalf of the petitioner, Ms. Vandana Singh, learned Assisting counsel to S.C. 25 for the State and Mr. Shekhar Kumar, learned counsel appearing on behalf of respondent nos. 7 to 11. The writ petition has been filed praying, inter alia, for removal of encroachment on a public land situated at khesra no. 1618 of village Ghanshyampur in the district of Darbhanga which according to the petitioner is in the nature of aam rasta. It is the case of the petitioner that on an application filed by one Annpurna Devi, a resident of the locality, a proceeding under Section 133 of the Code of Criminal 2 Procedure was initiated by the Sub-Divisional Magistrate, Biroul against the respondent no. 7, Ghuran Mishra and notices were issued. Upon consideration of the show cause by the persons concerned and local inspection being made, the Sub- Divisional Magistrate by order dated 1.12.2001 directed for removal of the encroachment, copy of the order has been placed at Annexure-1 to the writ petition. It is the grievance of the petitioner that the said order having been passed, the private respondent no. 7 did not comply with the same forcing the complainant Annpurna Devi, who has since deceased, to move the District Magistrate, Darbhanga for removal of the encroachment on 13.6.2002. The District Magistrate by order dated 13.6.2002, has issued directions to the Circle Officer, Ghanshyampur to take appropriate action in accordance with law. It is the case of the petitioner that the encroachment was thereafter removed by the official respondents with the help of the local persons. It is the grievance of the petitioner that the encroachment in question having been removed under the directions of the District Magistrate, Darbhanga, has since resurfaced at the same place. It is in this background that the petitioner filed a petition on 30.11.2009, drawing the attention of the Circle Officer, Ghanshyampur, Darbhanga, the respondent no. 4 herein mentioning the details of the encroachment made by the private respondent herein. The application filed by the petitioner on 3 30.11.2009, placed at Annexure-3 to the writ petition, and no steps being taken by the Circle Officer despite the filing of the application which is in the nature of an application filed under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the ‘Act’), the petitioner has moved this Court. Despite the writ petition having been filed on 15.4.2010, no counter affidavit has been filed by the Circle Officer, Ghanshyampur although counter affidavit has been field by the Superintendent of Police, Darbhanga but the same does not answer the issue. Mr. Shekhar Kumar, learned counsel appearing for the private respondent nos. 7 to 11 while disputing the statement made in the writ petition, submits that the petitioner himself also happens to be an encroacher. Be that as it may, as an application has already been filed by the petitioner before the Circle Officer, Ghanshyampur, Darbhanga and copy whereof is placed at Annexure-3 to the writ petition, the same may be treated to be an application filed under Section 3 of the Act and the Circle Officer, Ghanshyampur, Darbhanga shall proceed to draw a proceeding under the Act and take it to its logical conclusion after hearing of the concerned parties including the petitioner and the private respondent nos. 7 to 11 and/or any other person found to be an encroacher on the said land and after giving 4 them reasonable opportunity of being heard. Considering the circumstances that the matter has been pending since long, this Court would expect the Circle Officer, Ghanshyampur to conclude the proceeding within a period of three months from the date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)