IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9665 of 2009 Rabindra Prasad Singh son of Sri Fulena Prasad Singh resident of Mohalla Saktinagar North Dahiya Tola Chapra P.S. Chapra Mofassil District- Saran, Bihar. Versus 1. The State Of Bihar 2. The District Magistrate, Saran at Chapra. 3. The Sub-Divisional Magistrate, Sadar Chapra at Saran 4. The D.C.L.R. Saran at Chapra. 5. The Circle Officer, Sadar Chapra at Saran. 6. Sri Jivendra Nath Trivedi son of Late Dharm Nath Trivedi, resident of Mohalla- Saktinagar Dahiyawa Tola P.S. Chapra Mufassil District Saran. ----------- 03. 13.09.2011 Heard learned counsels for the petitioner and the State. The present writ application has been filed for a direction to the respondent authorities to remove encroachment from the public land appertaining to Plot no. 61 situated in the town of Chapra. It appears that issue involved has been taken care of, with regard to same plot no. 61 by this Court in C.W.J.C. No. 3325 of 2010, when the directions have been issued in following terms :- “In my view, this Court is ill- equipped to decide these factual aspects. However, I direct the Circle Officer, Sadar Chapra to get Plot No.61 as a whole 2 properly demarcated and any unauthorized encroachment from that plot would be liable to be summarily removed by any person so encroaching may it be the petitioner or any other persons. Court cannot permit the encroachment if made by the petitioner to be removed while permitting others to continue. All must receive same treatment. So far as Plot Nos.37 & 38 are concerned, from records it does not transpire that they are government lands. There cannot be any such proceeding for removal of encroachment therefrom, unless there are documents and circumstances to show otherwise. The Circle Officer would be well advised to complete the entire exercise within two months and take appropriate action thereafter against all the encroachers on Plot No.61, till such time this exercise is not completed, notice as contained in memo no.1299 dated 17.12.2009 and 3 memo no.31 dated 06.01.2010, issued by the Circle Officer to the petitioner, shall remain inoperative. It is made clear that the responsibility for proper implementation of this order would rest on the Collector-cum- District Magistrate, Saran at Chapra, who would take all effective steps in this regards”. The aforesaid directions of this Court will govern the issue raised by the petitioner in the present writ application. Hence, no orders need to be passed in the present application. Accordingly, the same is disposed off. Amrendra/ (Dinesh Kumar Singh, J)