IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4935 of 2008 Sachidanand Singh, S/o Late Yaduwanshi Singh, resident of village-Suryagarha, P.S.-Dhanarua, District- Gaya. Versus 1. The State Of Bihar. 2. The Commissioner, Patna Range, Patna. 3. The District Magistrate, Patna. 4. The Sub-Divisional Officer, Massaurhi, Sub-Division- Patna. 5. The Circle Officer, Block-Dhanarua, Patna. 6. The Mukhiya, Pathrahat, Panchayat Block Dhanarua, District-Patna. 7. Nand Kishore Sharma, S/o Ram Naresh Singh, resident of village-Suryagarha, P.S.-Dhanarua, District-Patna. ----------- 2. 30.06.2011 Heard learned counsel for the petitioner. His prayer in the writ petition is that on the land which is clearly mentioned in the revenue record of the State measuring 1.4 acres to be Gair Majarua “Aam” land and its nature being “Ahar” and the same was used for purposes of irrigating the lands of the people of adjoining plots which due to the illegal encroachment of private party had led to unnecessary suffering for them. A counter affidavit has been filed on behalf of the official respondents which is of the year 2008 which states that Encroachment Case No. 26/07-08 has been registered and proceeding started under the Bihar Public Land Encroachment Act, 1956 against the said illegal encroacher. 2 It further states that all the encroachments over the public land as mentioned in the present writ petition will be removed in accordance with law. On a query by this Court to the learned counsel for the respondent State as to what is the position now, he expresses his inability in readily answering the same. In view of nature of controversy and materials which have been brought on record both in the writ petition as well as in the counter affidavit, this Court feels that the writ petition need not be kept pending and may be disposed off with certain directions. Accordingly, this Court directs that the District Magistrate, Patna shall ensure that the encroachment proceedings started against any illegal encroacher over the land as detailed in the writ petition is removed by taking the encroachment proceedings to their logical conclusion which, if already not done, within a maximum period of two months from the date of receipt/production of a copy of this order before him. The writ petition stands disposed off with the aforementioned observations and directions. Anand Kr. ( Ahsanuddin Amanullah, J.)