IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16672 of 2010 1. GUNESHWAR MISHRA son of Baleshwar Mishra, resident of mohalla Katharwari, Ward No. 6(Old), Ward No. 10(New), Rosera, District Samastipur, 2. Manish Kumar Mishra sonof Tripit Mishra, resident of mohalla Katharwari, Ward No. 6(Old), Ward No. 10(New), Rosera, District Samastipur, 3. Jitencra Kumar Mishra sonof Upendra Mishra, resident of mohalla Katharwari, Ward No. 6(Old), Ward No. 10(New), Rosera, District Samastipur, 4. Pramod narayan Mishra sonof late Anant Lal Mishra, resident of mohalla Katharwari, Ward No. 6(Old), Ward No. 10(New), Rosera, District Samastipur, 5. Heramb Nath Mishra son of Nand Lal Mishra, resident of mohalla Katharwari, Ward No. 6(Old), Ward No. 10(New), Rosera, District Samastipur, … …Petitioners Versus 1. THE STATE OF BIHAR 2. The Collector of the District Samastipur, 3. Circle Officer, Rosera District Samastipur, 4. Shashi Kant Sahni son of late Ramjee Sahni, resident of village Madhurapur, P.S. Hathauri, District Samastipur, … …. Respondents For the Petitioners: Mr. Shobha Nath Jha, Advocate For the State: Mr. Ramchandra Pd. Bharti, SC-14 With Mr. Md. Aslam Ansari, AC to SC-14 ----------- 6 06.12.2010 Petitioners are residents of Mohalla Katharwari, Ward No. 6(Old), Ward No. 10(New), Rosera, District Samastipur. They have raised common grievance through 2 this Public Interest Litigation that respondent no. 4, Shashi Kant Sahni, has encroached upon public land recorded in the record of rights as Brahmasthan and this has created difficulty for the villagers. Learned counsel for the State has submitted that according to instructions and counter affidavit, encroachment proceeding bearing Encroachment Proceeding Case No. 58 of 2010-11 is pending before the Circle Officer, Rosera. A grievance has been made on behalf of the petitioners that the Circle Officer is favouring the respondent no. 4 and although his encroachment is reflected in the report by the Amin, but the proceeding is now directed against others only. Considering the grievance of the petitioners and the submissions, it is made clear that if the Amin’s report has not been rejected and another report has not been obtained from another Amin, then all encroachers must be proceeded in accordance with law. It is further made clear that the proceeding should be expedited and encroachers should be removed in accordance with law without any delay, preferably within three months from the date of 3 receipt/production of a copy of this order. With the aforesaid direction/observation, the writ petition is disposed of. SC (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)