IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1215 of 2008 UMA SHANKAR SINGH Versus STATE OF BIHAR & ORS ----------- 4. 1.09.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. No counter affidavit has been filed on behalf of the official respondents despite two adjournments. No useful purpose will be served by keeping the writ application pending as it can easily be disposed off with appropriate directions in the facts and circumstances. The Sub Divisional Officer Nawadah on 31.10.2007 has passed orders in Case No. 139 of 2007 directing removal of certain encroachment on a public road. The grievance is that notwithstanding the order no steps were taken to implement the same and the officials were ignoring the order. The petitioner has filed an application before the Collector, Nawadah dated 9.7.2008 appended at Annexure 7 with no effect. Section 7 of the Bihar Public Land Encroachment Act gives power to the Collector to get the encroachment removed and to recover cost of the removal. Unless the order dated 31.10.2007 has been upset in appeal or there are any order of restraint by a competent authority, this Court directs that the application of the petitioner dated 9.7.2008 addressed to the Collector, Nawadah be deemed to be an application under Section 7 of the Bihar Public Land Encroachment Act. The Collector, Nawadah, respondent no. 2, is directed to dispose of the said proceeding under Section 7 of the Act after hearing all concerned in accordance with law and pass appropriate orders thereupon within a maximum period of two months from the date of receipt and/or production of a copy of this order. The writ application stands disposed off. Snkumar/- (Navin Sinha,J.)