IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1637 of 2010 SANJAY KUMAR SINGH, S/O RAM CHANDRA PRASAD SINGH, R/O VILL-MADUDABAD, P.S.MOHIUDDIN NAGAR, DISTT- SAMASTIPUR. ……PETITIONER. VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF ROAD CONSTRUCTION, GOVT. OF BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF RAOD CONSTRUCTION GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, SAMASTIPUR. 4. THE SUB-DIVISIONAL OFFICER, PATORI, SAMASTIPUR. 5. THE EXECUTIVE ENGINEER, DEPARTMENT OF ROAD CONSTRUCTION, ROAD DIVISION, SAMASTIPUR. 6. THE ASSISTANT ENGINEER, DEPARTMENT OF ROAD CONSTRUCTION SUB-DIVISION, DALSINGSARAI, SAMASTIPUR. ……RESPONDENTS. ----------- For the petitioner : M/s Naresh Dikisht & Brij Bihari Tiwari, Advocates. For the State : Mr. Saroj Sharma, Advocate. 02/ 09.09.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. Learned counsel for the petitioner is permitted to correct the name of the district given with respect to respondent no.3. 2. This writ petition has been filed by the petitioner for directing the respondents-authorities to remove the encroachment made by a private person, not impleaded in the writ petition, from P.W.D. road passing through Mahnar Mahiuddinnagar Bachhawara Thana no.182 Khesra no.594 and 754 in the district of Samastipur. 3. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file an encroachment case under the provision of Section - 2 - 3 of the Bihar Public Land Encroachment Act before the Collector under the Act. 4. The prayer is allowed. This writ petition is disposed of as withdrawn with the aforesaid liberty. However, if the petitioner files such a case before the Collector under the Act within fifteen days from today along with a copy of this order, the said authority is directed to dispose of the matter in accordance with law within three months thereafter. Sunil (S. N. Hussain, J.)