IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7808 of 2002 PRABHASH KUMAR PANDEY Versus THE STATE OF BIHAR & ORS ----------- 4 17.12.2009 In the instant writ petition the petitioner prays for a direction to the respondents to remove the encroachment with illegal construction done by the respondent no.6 over land of road bearing Khesra No.239 in front of plot no.80 situated in Village Garhi Kurma, Anchal Shambhuganj, District Banka in compliance of the order contained in memo no.410 dated 20.2.2002 passed by the Additional Collector, Banka. The petitioner states that since he is in government service and remains mostly out of village, his cousin brother filed a petition before the Circle Officer, Shambhuganj to stop the respondent no.6 in making encroachment. The Circle Officer on 29.11.2001 issued notice to respondent no.6 to remove the alleged encroachment, as would be evident from Annexure-1. Thereafter, the petitioner filed a petition before the Collector, Banka through the Dy.S.P., Kurtha who in turn vide his memo no.91/2002 dated 6.2.2002 forwarded the application to the Collector, Banka. On 6.2.2002 the petitioner also filed a petition before the S.D.O. Banka through the Dy.S.P. Kurtha who in turn vide his memo no.92/2002 dated 6.2.2002 forwarded the application to the S.D.O., Banka for taking necessary action in the matter. Thereafter, the Additional Collector, Banka forwarded the application of the petitioner to the Circle Officer, Shambhuganj for making an enquiry and for removing the encroachment. On 28.1.2002 the Circle Officer, - 2 - KHAN Shambhuganj issued another notice to respondent o.6 to remove the encroachment. The grievance of the petitioner is that the authorities have not taken any appropriate steps to remove the encroachment. The petitioner lastly filed another application 15.6.2002 to the Anchal Adhikari, Shambhuganj for removing the encroachment with a copy to the Collector, Banka, as contained in Anneuxre-7 but no action has been taken so far. After hearing counsel for the parties, this writ petition is disposed of with a direction to the Anchal Adhikari, Shambhuganj to dispose of the representation of the petitioner in accordance with law after affording opportunity of being heard to respondent no.6 within a period of four months from the date of receipt/production of a copy of this order. (S.P.Singh,J)