IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.227 of 2005 Braj Nandan Singh, son of late Bibhuti Singh, resident of Village- Sohra, Police Station- Naubatpur, District- Patna… …..Petitioner Versus 1. The State Of Bihar, through the Chief Secretary, Government of Bihar, Patna, 2. The District Magistrate & Collector, Patna, 3. The Sub-Divisional Magistrate, Danapore, District- Patna, 4. The Circle Officer, Naubatpur, Patna, 5. The Officer-in-Charge, Naubatpur, Police Station- District- Patna, 6. Bhuletan Mochi, son of Sri Nagina Mochi, 7. Binesar Paswan, son of late Chand Govind Paswan, 8. Ram Lagan Mochi, son of late Prasad Mochi, All residents of village- Sohra, Police Station- Naubatpur, District- Patna. ……Respondents ----------- For the Petitioner : Mr. Madan Prasad Singh, Advocate For the State : None …………….. 4 13.10.2011 Heard learned counsel for the petitioner. However, no one appears on behalf of the State. Petitioner seeks direction for implementation of the order dated 7.5.2003 passed in Encroachment Case No.7 of 2001-02 by respondent no. 4, i.e., the Circle Officer, Naubatpur, Patna, whereby direction has been given to the private respondents for removal of encroachment 2 made by them upon the public land and passage bearing Survey Plot No. 745, Khata No.133, Village- Sohra, Police Station- Naubatpur, District- Patna. A counter affidavit has been filed on behalf of respondent no. 4, wherein a stand has been taken that encroachment has been removed in the presence of the petitioner and thus the order passed in the Encroachment Case No. 7/2001-02 stands executed. However, the petitioner has filed reply stating therein that only part of the encroachment has been removed and not the entire part. Be that as it may, in view of the statement made by respondent no. 4, I do not deem it proper to issue any further direction for removal of encroachment. However, if the petitioner, if so advised, would be at liberty to raise such issue of alleged incomplete removal of encroachment before respondent no.2, i.e., the District Magistrate, Patna. If such application is filed within four weeks by the petitioner before respondent no.2, i.e., the District Magistrate, Patna, then he would consider the same 3 and pass necessary order in accordance with law. Accordingly, this writ application stands disposed of. Sanjay-II ( Dr. Ravi Ranjan, J.)