IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15621 of 2009 PRAHALAD PANDEY S/O LATE RAM SEVAK PANDEY, RESIDENT OF MOHALLA- PANDEY TOLE, WARD NO.-10, P.S.- DAUDNAGAR, DISTT.- AURANGABAD (BIHAR). ….PETITIONER. VERSUS 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE - CUM - COLLECTOR AURANGABAD. 3. THE SUB DIVISIONAL OFFICER, DAUDNAGAR, AURANGABAD. 4. THE ANCHAL ADHIKARI, DAUDNAGAR, DISTRICT- AURANGABAD. 5. THE NAGAR PANCHAYAT THROUGH ITS CHAIRMAN DAUDNAGAR, DISTRICT- AURANGABAD. 6. THE CHAIRMAN NAGAR PANCHAYAT DAUDNAGAR, AURANGABAD. 7. SIDHESHWAR NATH PANDEY SON OF LATE PRABHU NATH PANDEY RESIDENT OF MOHALLA- PANDEY TOLI, P.S.- DAUDNAGAR, DISTRICT- AURANGABAD. …RESPONDENTS. ----------- For the petitioner : Mr. Anil Kumar Singh No.6, Advocate. For the State : Mr. Sanjeev Kumar, Advocate. ------ 02/ 21.06.2010 Heard learned counsel for the petitioner and learned counsel for the State. This petition has been filed on behalf of the petitioner for removal of encroachment made by respondent no.7, Sidheshwar Nath Pandey, over the public land, namely plot no.173/703 measuring 0.25 hectare situated at Ward No.7 (old), Ward No.10 (new), Mohalla- Pandey Toli, Daudnagar, Aurangabad, claiming that the said land is a public land under Nagar Panchayat Daudnagar, Aurangabad. From the materials on record as well as the averments made by learned counsel for the parties it is quite apparent that no - 2 - case under the Bihar Land Encroachment Act, 1956 has been initiated in this regard and the petitioner has directly come to this court. In the aforesaid facts and circumstances, there being alternative remedy under the said Act, this writ petition is disposed of with a liberty to the petitioner to file an appropriate application under the provision of Section 3 of the Act before an authority prescribed under the Act stating all the relevant facts and seeking relief sought in this petition. If such an application is filed before the appropriate authority within a fortnight from today, the said authority shall decide the same in accordance with law and dispose of public land encroachment case within three months thereafter. Sunil ( S. N. Hussain, J.)