IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1512 of 2010 1. YOGENDRA PRASAD S/O LATE RAM CHARITTAR PRASAD, R/O VILL- JALGOVIND, P.S- BARH, DISTT- PATNA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, PATNA 3. THE SUB DIVISIONAL OFFICER, BARH, DISTT- PATNA 4. THE CIRCLE OFFICER, BARH, DISTT- PATNA 5. THE DISTRICT ENGINEER, ZILA PARISHAD, PATNA 6. DAYA NAND MAHTO @ BHOLA S/O LATE AMBIKA MAHTO VILL- JALGOVIND, P.S- BARH, DISTT- PATNA ----------- 02. 29.03.2011 Heard learned counsel for the petitioner and for the State. The petitioner contends that he petitioned the Circle Officer for removal of encroachment from the public road of the District Board connecting Jalgovind to Harnaut. The Circle Officer made his recommendation to the S.D.O. The matter is then shuffling between the S.D.O. and the Circle Officer. Learned counsel for the State has no objection to the disposal of this application with directions to the District Magistrate to examine matters appropriately. If satisfied, he shall direct initiation of land encroachment proceeding in accordance with law and final conclusion of the same within a maximum period of six months from the date of receipt/production of a copy of this order before the District Magistrate. It is made clear that this Court has not gone into the merits of the matter and nothing in the order shall be 2 deemed or construed as any observation or confirmation of the allegations made by the petitioner with regard to the encroachment. That is a matter to be examined by the District Magistrate, who shall then proceed accordingly in light of his prima facie satisfaction to be recorded in writing, if he is of the opinion that the matter does not necessiate the initiation of a land encroachment proceeding even. The application stands disposed. P.K ( Navin Sinha, J.)