IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1309 of 2010 MD.HASNAIN, S/O MD. MAJIDUDDIN R/O WARD NO. 22, HUSSAIN TOLA, NAGAR PARISHAD, SUPAUL, DISTT.- SUPAUL. ……..PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER, KOSHI DIVISION, SAHARSA 2. THE DISTRICT MAGISTRATE-CUM-DISTRICT OFFICER- CUM-DISTRICT COLLECTOR, SUPAUL. 3. THE SUB-DIVISIONAL OFFICER-CUM-SUB-DIVISIONAL EXECUTIVE MAGISTRATE, SUPAUL. 4. THE CHIEF EXECUTIVE OFFICER, NAGAR PARISHAD, SUPAUL. 5. THE CIRCLE OFFICER, SUPAUL, DISTT.- SUPAUL. ….RESPONDENTS 1ST SET. 6. MD. ERPHANUL HODA 7. MD. ENAMUL HODA 8. MD. SAFRUL HODA RESPONDENT NOS. 6 TO 8 ARE SONS OF LATE BADRUDDUZA, R/O WARD NO. 22, HUSAIN TOLA, NAGAR PARISHAD, SUPAUL, P.S. AND DISTT.- SUPAUL. …….RESPONDENTS. ----------- For the petitioner : Mr. Amrit Abhijat, Advocate Mr. Upendra Yadav, Advocate. For the respondents-State : G.P. V. ------ 02/ 03.08.2010 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for direction to the respondents, particularly respondent no.3- Sub- Divisional Officer-cum-Sub-Divisional Executive Magistrate, Supaul to remove encroachment made by respondent nos. 6 to 8 from plot no.510, Khata no.03, Mauza- Kharail under Supaul Nagar Parishad which is public land just in front of the petitioner’s house. - 2 - 3. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file a case under Section 3 of the Bihar Land Encroachment Act, 1956 before the Collector for the said relief. 4. Accordingly, this writ petition is disposed of as withdrawn with the aforesaid liberty. 5. If the said case is filed within fifteen days from today, the said authority shall make inquiries and after hearing the parties decide the same in accordance with law expeditiously, preferably within a period of four months from the date of filing the case. Sunil (S. N. Hussain, J.)