IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10391 of 2009 SURAJ MAHTO, S/O LATE CHAUDHUR MAHTO, R/O VILLAGE-MEGHWAR, P.O. LADHISARARI, P.S.JAMO BAZAR, DISTRICT- SIWAN (BIHAR). -PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, PATNA (BIHAR), 2. THE DISTRICT MAGISTRATE, DISTRICT-SIWAN (BIHAR) 3. THE CIRCLE OFFICER, GORIYA KOTHI CIRCLE, DISTRICT-SIWAN (BIHAR) 4. KAMAL CHAUDHARI, S/O MAKARBHUL CHOUDHARI, VILLAE-MEGHWAR, P.O. LADHISARAI, P.S. JAMO BAZAR, DISTRICT-SIWAN (BIHAR) 5. DHARMNATH SAH, SON OF KHUB LAL SAH, VILLAGE-MEGHWAR, P.O. LADHI SARARI, P.S. JAMO BAZAR, DISTRICT- SIWAN (BIHAR). -RESPONDENTS ******* For the Petitioner : Mr. Fulman Singh For Respondents 1 & 3: Mr. Arbind Kumar No.1, GP 17 2 24.08.2009 Heard Mr. Fulman Singh, for the petitioner and Mr. Arbind Kumar No.1, for respondents no.1 to 3. In view of the order proposed to be passed it is not necessary to issue notice to respondents no. 4 and 5. However, it is made clear that in case respondents no.4 and 5 feel aggrieved they can file appropriate representation for recall of the order. 2 The grievance of the present petitioner relates to alleged encroachment made by respondents no.4 and 5. It is stated that respondent no.2 had instructed respondent no 3 to initiate appropriate proceeding but action is yet to be taken. In the facts and circumstances, we dispose of the writ petition with the observation that respondent no.3 shall look into the matter and if there is any encroachment take appropriate steps in accordance with law for the removal of the encroachment. This order should not be construed as expressing any opinion on merits of the contentions of the parties. (P.K. Misra, CJ.) (Anjana Prakash, J.) AAhmad