IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16058 of 2008 MD.NASIR KHAN S/O LATE WAZIR KHAN RESIDENT OF VILLAGE JUAKHAR P.S. SHAHKUND, DISTRICT – BHALPUR ------------ PETITIONER Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA 2. DIVISIONAL COMMISSIONER, BHAGALPUR DIVISION, BHAGALPUR 3. DISTRICT MAGISTRATE CUM COLLECTOR, BHAGALPUR 4. CIRCLE OFFICER, SHAHKUND ANCHAL, SHAHKUND 5. IN CHARGE, POLICE STATION, SHAHKUND 6. SHEIKH ISA, SHEIKH HAROON, SHEIKH SHAKIR SONS OF LATE SHEIKH TAUZIUDDIN, VILLAGE JUAKHAR, P.S. SHAKUND, DISTRICT – BHAGALPUR 7. SHEIKH NAIM, SHEIKH RAHIM SON OF LATE LEYAKAT ALI, VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 8. SHEIKHSHARIFF SON OF LATE KARAMAT HUSSAIN OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 9. SHEIKH SANOWAR SON OF LATE SHEIKH SHAKOOR OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 10. SHEIKH SATTAR SON OF LATE TAYAB OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 11. JAMIL SAH, IDRISH SHAH, ABBAS SHAH SON OF LATE ABDUR RAHMAN SHAH OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 12. CHHAKAN SHAH SON OF LATE KHURSHED SHAH OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 13. DUKHAN SHAH SON OF LATE STUINI SHAH OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 14. ARBI JUMAN KHAN SON OF LATE KHUDADAD JUNG KHAN OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 15. SHEIKH MANOWAR, SHEIKH MINHAJ SON OF LATE JAMODO OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 2 16. AHMAD JUNG KHAN SON OF LATE AFZUL JUNG KHAN OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 17. RAHMAN KHAN SON OF KRAM KHAN OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 18. SHEIKH ALAUDDIN SON OF LATE WAJID ALI OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 19. SHEIKH EBRAR AHMAD SON OF LATE SHEIKH AINUL OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 20. SHEIKH SHAMIM SON OF LATE SHEIKH GAFOOR OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR 21. SHEIKH SHARIFF SON OF LATE KERAMAT HUSSAIN OF VILLAGE – JUAKHAR, P.S. SHAHKUND, DISTRICT – BHAGALPAUR ………….. RESPONDENTS ----------- For the petitioner: Mr. Alimjang Khan, Advocate For the State : Mr. Shashi Bhushan Kumar, SC- XVI P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 19th November, 2008 After having heard the counsel for the petitioner, we are satisfied that high prerogative writ jurisdiction does not deserve to be invoked in the matter as the petitioner may avail of his remedy under Bihar Public Land Encroachment Act, 1956, for removal of alleged encroachment on the subject public pond and roads. 2. Needless to say that upon proper proceedings initiated by the petitioner or any other person affected by such encroachment, the authority shall proceed with the matter under the provisions of 3 Bihar Public Land Encroachment Act, 1956. 3. Public interest litigation stands disposed of. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-