IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4512 of 2007 DEVACHANDRA JHA, son of Late Anant Jha, resident of Village Uchhati, Police Station- Biroul, District- Darbhanga. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Darbhanga. 3. The District Superintendent of Police, Darbhanga. 4. The S.D.O., Biroul, District- Darbhanga. 5. The D.S.P., Biroul, District- Darbhanga. 6. The C.O., Biroul, District- Darbhanga 7. The C.I., Biroul, District- Darbhanga 8. Babukant Jha, son of Satyanarayan Jha, Resident of village- Uchhati, Police Station- Biroul, District- Darbhanga. . . . . . Respondents. ----------- 2/ 16.02.2010 Heard learned counsel for the petitioner and the State. The petitioner states that respondent no.8 Babukant Jha has made encroachment on new plot no. 3252 corresponding to old plot no. 2575 of khata no. 255, Thana no. 298 of village Mauza Uchhati, P.S. Biroul in the district of Darbhanga. On the application of the petitioner, the Circle Officer, Biroul got an enquiry done. Learned counsel submits that it would appear from the enquiry report that the land was entered as Anabaad Sarva Sadharan in the Revisional Survey. Learned counsel further submits that originally it was a well but the respondent no.8 filled up the same and has also constructed his house. The petitioner has referred to order dated 11.02.2006 of Circle Officer, Biroul wherein he observed that steps be taken for cancellation of mutation made in favour of respondent no.-8. Learned counsel submits that for effecting such mutation the employee and the official concerned are not taking any effective measure. Counsel for the State submits that the Circle Officer, Biroul - 2 - in his order has also noticed that encroachment is there, Jamabandi has also been opened in the name of respondent no.-8. Counsel for the petitioner submits that the Jamabandi is faulty as it has been opened on the basis of sale executed by a person, who did not have any authority to issue. After hearing the counsel for the parties, this application is disposed of with liberty to the petitioner to approach the District Collector, Darbhanga for his grievance. It will be also open to the petitioner to pursue other remedy available under the law. It will be also open to the respondent no.-8 to also present his case before the District Collector, Darbhanga. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)