IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16758 of 2009 1. SRI KRISHNA @ SRI KRISHNA PD. S/O SRI RAMANAND PRASAD AT PRESENT RESIDING AT 405, SHIVA ENCLAVE APARTMENT, VED NAGAR, P.S-RUKUNPURA, PATNA-800014 Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL CUM INSPECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA 4. THE SUPERINTENDENT OF POLICE, SARAN AT CHAPRA 5. THE CHAIRMAN, NAGAR PARISHAD, SARAN AT CHAPRA 6. DILIP KUMAR, I.A.S, S/O LATE JAGDISH PRASAD, R/O MOH- DAHIAWAH, P.S-BHAGWAN BAZAR, DISTT- SARAN (CHAPRA) AT PRESENT POSTED AS I.G. PRISON, BIHAR, PATNA 7. SHRI BIRENDRA PRASAD, S/O LATE JAGDISH PRASAD, BRICK MANUFACTURER AND SUPPLIER, MALLAGURI UPER ROAD, N.H. 31, P.O- PRADHAN NAGAR, SILIGURI- 734003, P.S- PRADHAN NAGAR, DISTT- DARJEELING, W.B. 8. SHRI PRADEEP KUMAR @ PRASAD, WEIGHING BRIDGE, BRICK MANUFACTURER & SUPPLIER, ITHALBARI, P.O +P.S- BIRPARA, DISTT- JALPAIGURI (W.B.) 9. SHRI RANJIT KUMAR @ PRASAD, MARBAL SHOP, CHAMPASARI, BURDWAN ROAD, SILIGURI, P.O +PS- PRADHAN NAGAR, DISTT- DARJEELING, W.B. ----------- 02. 03.12.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks a mandamus for a direction to the respondents to remove the encroachment of two feet on a public road made by respondent no.6, who is stated to be a Government functionary. If Government lands have been encroached, more particularly a road, it is a serious matter and requires appropriate action under the Land Encroachment Act. The petitioner has already moved before the District Magistrate, Saran at Chapra on 17.10.2009. He has also filed a petition before the Chairman, Nagar Parishad, Saran on 2 29.10.2009 for encroachment of the 12 feet wide road. Let the petitioner file an appropriate application before the competent authority under the Land Encroachment Act. The authority shall grant a preliminary hearing to the petitioner. If the authority is satisfied on the materials that may be placed by the petitioner of an encroachment, he shall proceed to institute a proper Land Encroachment Proceeding and take it to its logical conclusion. If the authority is satisfied from the materials placed by the petitioner that no case for encroachment by the private respondent or any other person on the public road is made out, he shall pass a reasoned and speaking order declining to initiate a Land Encroachment Proceeding. The appropriate authority is thus directed to consider the matter appropriately and pass appropriate final orders either initiating proceedings or declining to initiate the proceedings preferably within a maximum period of two months from the date of receipt/production of a copy of this order before him. The application stands disposed. P.K. ( Navin Sinha, J.)