IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15721 of 2009 Durga Prasad S/O Late Kamla Prasad R/O Vill.- Sahasarav, P.S. Bagha (Bhairaganj), P.O.- Bhairoganj, Distt.- West Champaran Petitioner Versus 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The District Magistrate, Bettiah, West Champaran 4. Sub-Divisional Magistrate, Bagha Sub-Division, Bagha, West Champaran 5. Circle Officer, Bagaha-1, West Champaran Respondents ----------- For the petitioner: Mr Baxi S.R.P.Sinha, Sr. Advocate Mr Anand Kishore Choudhary, Advocate For the State : Mr Prahalad Kr. Bhagat, AC to AAG 5 ---------- 03/ 02.08.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities. 2. This petition has been filed by the petitioner for directing the respondents- authorities to remove encroachment made by certain people on public land of plot no. 115 khata no.3 of village Sahasrav which is a road. 3. Learned counsel for the petitioner submits that he has submitted a representation before the Anchal Adhikari, Anchal Bagha-I in the district of West Champaran on 14.02.2009 but till date no action has been taken by the authority concerned. 4. Learned counsel for the respondents vehemently opposes the said contention and submits that there is no occasion for the petitioner to move this court as he had ample opportunity to file an application before the authority under section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as ‘ the Act’ for the sake of brevity). 5. In the aforesaid circumstances, learned counsel for the - 2 - petitioner seeks permission to withdraw this writ petition in order to move before the Anchal Adhikari, Anchal Bagha 1, West Champaran in continuance of his earlier representation dated 14.02.2009. 6. Considering the facts and circumstances, this writ petition is disposed of as withdrawn with the aforesaid liberty. However, if proper application for initiation of a case under section 3 of the Act is filed by the petitioner within fifteen days from today along with a copy of this order, the Collector under the Act shall take up the matter, hear the persons concerned and enquire into the matter specially keeping in view of the area of the public road as well as adjacent plots as per the survey map and survey khatiyan and decide the encroachment case in accordance with law by a speaking order within four months from the date of receipt/ production of a copy of this order. shahid (S.N.Hussain, J)