IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12802 of 2008 Sikendra Yadav, son of Sri Krishna Yadav, resident of Village- Bargaon, P.S. Hasanpur, District-Samastipur(Bihar)……………………Petitioner. Versus 1. The State of Bihar. 2. Commissioner-cum-Special Secretary, Department of Revenue, Old Secretariat, Patna. 3. The Collector, Samastipur. 4. The Additional Collector (Revenue),Collectorate, Samastipur. 5. Sub Divisional Officer, Rosera, Samastipur. 6. Deputy Collector(Land Reforms), Rosera, Samastipur. 7. Anchal Adhikari, Hasanpur Anchal, Hasanpur, Rosera, Samastipur. 8. Shyam Sundar Yadav, son of Late Jaddu Yadav. 9. Gangu Yadav, son of Dhanik Yadav. 10. Rama Poddar, son of Lakhu Poddar. 11. Bhirto Sharma, Son of Saryug Sharma. Respondent Nos. 8 to 11 are residents of Village- Bargaon, P.S. Hasanpur, District- Samastipur…………………………………………..……Respondents. 2. 04.08.2011. The writ application was filed in the year 2008 but no counter affidavit has been filed. The petitioner has filed the writ application for direction to the Circle Officer, Hasanpur, to implement the order dated 27.06.2007 passed in B.P.L.E. Case No. 02 of 2006-07 whereby the respondent nos. 8 to 11 were directed to remove the encroachment on part of portion of plot no. 734 appertaining to Khata No. 742 of Mouza- Bargaon which has been recorded as Anabad Sarvsadharan and is being used for public rasta. 2 It appears that on 01.02.2006 the petitioner filed representation and in pursuance to representation of the petitioner, an enquiry was conducted at the behest of the Circle Officer when the Anchal Amin with sketch map submitted the report that the encroachment has been made by the private respondents. The report of the Halka Karamchari was endorsed by the Circle Inspector when the land encroachment proceeding being Land Encroachment Case No. 02 of 2006-07 was initiated and on 27.06.2007, the Circle Officer directed the respondents no. 8 to 11 to remove the encroachment. It is pleaded in the writ application that still encroachment has not been removed. It is orally submitted that no appeal has been filed against the said order. In the circumstances, the respondent is directed to take action under Sections 6(2) or 7 of the Bihar Land Encroachment Act if, till date the order has not been implemented. 3 With the above observation, this writ application is disposed off. U. K. ( Dinesh Kumar Singh, J)