IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10651 of 2010 1. Ramesh Kumar Verma, S/O Late Ram Bihari Prasad, R/O Mohalla Beli Sarai, P.O. Motihari, P.S. Motihari,Town ,District- East Champaran - Petitioner. Versus 1. The State Of Bihar. 2. The District Magistrate,Motihari,East Champaran 3. Zila Parishad, Motihari, East Champaran. 4. The Chairman, Zila Parishad, Motihari, East Champaran. 5. The Chief Executive Officer, Zila Parishad, Motihari, East Champaran. 6. The District Engineer, Zila Parishad, Motihari, East Champaran. 7. The Superintendent Of Police, Motihari, East Champaran. 8. The Sub Divisional Officer, Motihari, East Champaran. 9. The Circle Officer, Motihari, East Champaran. 10. The Officer Incharge, Motihari Town, East Champaran. 11. Mostt. Chandrawati Devi, W/O Late Gorakh Singh, R/O Mohalla Beli Saray, P.O. Motihari, P.S. Motihari Town , District- East Champarn – Respondents. 2 22.12.2011 Heard learned counsel for the petitioner and the State. The petitioner’s case is that by Annexure 1, dated 7.10.2005 he was settled 150 sq. ft. of land belonging to Khata no. 117, plot no. 194. The purpose behind the settlement was that the petitioner should build shop and pay rent of eight months to the settlee i.e. the Chief Executive Officer, Zila Parishad, Motihari. It is alleged that when the Chief Executive Officer went to measure the land in question, he found that respondent no.11 had encroached upon the said land. The Chief Executive Officer addressed a letter to the Subdivisional Officer, Motihari to take steps for removal of the encroachment. The petitioner’s grievance is that in spite of the fact that the settlement was made with the petitioner, he has not been able to utilize the benefit of the settlement because of the encroachment on the land. The Subdivisional Officer ought to have acted on the request made by the Chief Executive Officer of 2 the Zila Parishad. I accordingly direct that the Subdivisional Officer should determine whether there is encroachment by visiting the spot in question and if he finds that respondent no.7 or anyone else has encroached upon the land, he should institute a case, issue notice to the encroachers and decide the matter within four months on receipt of the notice so that the petitioner may get the benefit of settlement of the land in his favour. At this stage, counsel for the petitioner submits that the settlement was made a period of three months. Now the three years’ period is going to expire and the petitioner has not been able to take any benefit of the settlement. The Chief Executive Officer or the authorities of the Zila Parishad should consider extending the terms of settlement to the petitioner in accordance with law. This writ petition is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J .)