IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15758 of 2009 RAJENDRA SINGH, S/O AWADH SINGH, R/O VILL. KUARI MADAN, P.O. KUARIMADAN, P.S. MAJOR GANJ, DISTT- SITAMARHI …………………PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. COMMISSIONER-CUM-SECRETARY,RURAL DEVELOPEMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. DISTRICT MAGISTRATE, SITAMARHI 4. SUB DIVISIONAL OFFICER, SITAMARHI, SADAR, DISTT- SITAMARHI 5. ANCHAL ADHIKARI, MAJOR GANJ, DISTT- SITAMARHI 6. BHUSAN CHAUDHARY S/O SADHU SHARAN CHAUDHARY 7. ANITA DEVI W/O SURENDRA KUMAR MAHTO 8. RAM BAHADUR MAHTO S/O VIJAY MAHTO RESPONDENT NOS.6 TO 8 RESIDENT OF VILLAGE -P.O. & P.S. AND ANCHAL MAJORGANJ, DISTT- SITAMARHI 9. PAMMI DEVI W/O RAJ KISHORE SINGH OF VILL, P.O.&P.S. AND ANCHAL RIGA, DISTT- SITAMARHI 10. ASHOK KUMAR RAI S/O RAM VINAY RAI OF VILL MALLINIA, P.O. P.S. MAJORGANJ, DISTT- SITAMARHI 11. RAM VILAS SINGH S/O LATE PRATAP SINGH 12. GOVIND MISHRA S/O LATE MAWAN MISHRA RESPONDENT NO.11 & 12 OF VILLAGE KUSHIMADAN, P.S. MAJORGANJ, DISTRICT SITAMARHI. 13. GUDDU SINGH S/O BHOLA SINGH, R/O VILL. MADHOPUR MALLINIA TOLA BALUA, P.O. MADHUPUR, ANCHAL MAJORGANJ, DISTRICT SITAMARHI. 14. SONU VISWAS, S/O NARESH CHANDRA VISHWAS, R/O VILL. - P.O. P.S.& ANCHAL MAJORGANJ, DISTT- SITAMARHI……………….. ………….RESPONDENTS. For the petitioner : M/s Nirmal Kumar Sinha No.-3 and Arun Kumar, Advocates. For the respondent : None. ----------- 02/ 29.07.2010 Heard learned counsel for the petitioner. This writ petition has been filed for directing the respondents concerned to remove encroachment made by private respondent nos.6 to 14 over public land (road) situated in villages Kuarimadan and Majorganj, both under P.S. and Anchal, Majorganj in the district of Sitamarhi. 2 After some arguments, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file a case under section 3 of the Bihar Public Land Encroachment Act, 1956. Accordingly, this writ petition is dismissed as withdrawn with the foresaid liberty. However, if the said case is filed within fifteen days from today before the Collector under the Act, the said authority shall decide the same expeditiously preferably within three months from the date of filing of the case. harish (S.N. Hussain, J.)