IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2230 of 2010 UPENDRA SHARMA S/O RAMJI SINGH R/O VILL.- JHUNATHI, P.S.- PARASBIGHA IN THE DISTRICT OF JEHANABAD. VERSUS 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPTT. OF REVENUE, GOVT. OF BIHAR, PATNA. 2. THE COMMISSIONER MAGADH DIVISION, GAYA. 3. THE DISTRICT MAGISTRATE CUM- COLLECTOR JEHANABAD. 4. THE SUB DIVISIONAL MAGISTRATE JEHANABAD. 5. THE BLOCK DEVELOPMENT OFFICER CUM- CIRCLE OFFICER RATNIFARIDPUR BLOCK IN THE DISTRICT OF JEHANABAD. 6. THE GRAM PANCHAYAT, JHUNATHI THROUGH ITS PANCHAYAT SECRETARY AT VILL.- JHUNATHI UNDER RATNIFARIDPUR BLOCK IN THE DISTRICT OF JEHANABAD. 7. THE SECRETARY,GRAM PANCHAYAT JHUNATHI UNDER RATNIFARIDPUR BLOCK IN THE DISTRICT OF JEHANABAD. 8. THE MUKHIYA, GRAM PANCHAYAT JHUNATHI UNDER RATNIFARIDPUR BLOCK IN THE DISTRICT OF JEHANABAD. ----------- 02 23.03.2010 The petitioner complains that he is the khatiyani raiyat in respect of 49 decimals of lands in revenue village Jhunathi, revenue Thana No.47, Survey Plot No.2588 (old)/4274 (new) under Ratni Faridpur Block in the district of Jehanabad. He complains that he has been in possession thereof for more than 10 decades. All of a sudden the Government authorities have descended on part of his land and started construction. He had protested to various persons but none is ready to disclose what is the nature of construction and why it is being done on his land. Under those circumstances, he has come to this Court. Having heard the learned counsels, in my view, this Court is ill-equipped to deal with such matters at the first instance. This Court, therefore, directs the petitioner to make a detailed representation before the District Magistrate-cum-Collector, - 2 - Jehanabad in this regards along with a copy of a order of this Court, who shall get the matter enquired into at the earliest not later than one month from the date of production of a copy of this order and if it is found after proper demarcation and measurement that petitioner’s land is being unauthorizedly encroached upon, then he would take steps to restore the property to the petitioner and would stop all construction activities. All enquiries must be with prior notice to the petitioner. Upon conclusion of enquiry, the Collector-cum-District Magistrate, Jehanabad would pass detailed order and communicate the same to the petitioner. With this observation, the writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)