IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11244 of 2009 GANGA RAM SAHANI . Versus THE STATE OF BIHAR & ORS . ----------- 03. 03.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner alleges encroachment by the private respondents. He asserts that earlier a Land Encroachment Case No. 04 of 2003-04 was initiated against the private respondents and final orders passed for removing of encroachment from Mauza –Kahua, Thana No. 269, Khata No. 844, Kheshra No.2023 and Khata No. 438 (old) 122 (new) Kheshra No. 1062 (old), 2020 (new) in the village- Kahua, P.S.- Biraul passed. The encroachments were removed. The private respondents have again encroached. Learned counsel for the State submits that notices may be issued to the private respondents. The Court does not agree with the submission made on behalf of the State. If, what the petitioner contends is correct, the private respondents cannot be permitted to take the law into their own hands. The State cannot be permitted to abrogate its duties and enforce the law. Rather than requiring the official respondents to file a counter affidavit, the writ petition was filed on 2 31.8.2009 and time granted for counter affidavit on 2.09.2009 notwithstanding which no counter affidavit has been filed, the Court disposes the writ application with liberty to the petitioner to bring the aforesaid facts to the attention of the District Magistrate, Darbhanga. If the District Magistrate on verification from records finds, as a matter of fact, that final orders had been passed in Encroachment Case No. 04 of 2003-04 and the orders had been given effect to by removal of encroachments and, if any encroachments have resurfaced on the same lands which was the subject matter of Encroachment Case No. 04 of 2003-04, the District Magistrate is required to uphold the rule of law by consequential action within a maximum period of one month from the date of receipt/production of a copy of this order. The application stands disposed. P.K ( Navin Sinha, J.)