IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8234 of 2009 SHEIKH ABDUL RAHIM Versus THE STATE OF BIHAR & ORS ----------- 3. 03.02.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner originally sought relief against the unlawful intrusion and demolition of his properties without authority of law on Plot Nos. 4056 and 4057 situated in village Basahiya Sheikh, Ward No. 4, Khata no. 1700, PS Piprahi, District Sheohar. A Counter affidavit has been filed on behalf of the respondents. It states in no uncertain terms that no construction has been made whatsoever on Plot Nos. 4056 or 4057 muchless any demolition. The road in question has been constructed on Plot No. 4055. The petitioner had encroached on a portion of Plot No. 4055 and that is what has been demolished. Counsel for the petitioner submits from a report dated 25.9.2004 of the Revenue Karmchari that there were no allegations against the petitioner of any encroachment on Plot No. 4055. The report dated 25.9.2004 again reconfirms that no construction has taken place on petitioner’s plot i.e. 4056 & 4057. It therefore becomes a pure question of fact whether there has been any demolition on the plots of the petitioner. If he had encroached on Plot No. 4055, obviously he is not entitled to any relief. At this stage the Court has no reason to doubt or disbelieve the specific statement of the respondents in their counter affidavit with regard to no intrusion on the plots of the petitioner or any construction made on it by them. The writ application is disposed off with the observation that if the petitioner has any grievance surviving he may represent before the District Magistrate. On a citizen’s grievance the minimum that is expected from a District Magistrate is to look into the matter and if prima facie satisfied direct an enquiry and measurement in presence of the citizen and then pass a reasoned and speaking order. That shall only be in consonance with the rule of law and the obligations of a welfare State. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)