IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.871 of 2009 MOHAMMAD JAN MIAN son of late Dil Mohammad Mian, resident of Ratanmala, Patbandhi Babu Tola, P.S. Majhaulia, District-West Champaran. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Collector-cum-District Magistrate, West Champaran, Bettiah. 3. The Superintendent of Police, West Champaran, Bettiah. 4. The Sub-Divisional Officer-cum-Sub-Divisional Magistrate, Bettiah Sadar, Bettiah, West Champaran. 5. The Circle Officer, Majhaulia Anchal, Majhaulia, West Champaran. 6. Jagrup Patel, son of Rajdeo Raut 7. Tarkeshwar Patel, son of Jagrup Patel. Both residents of village Ratanmala, Patbandhi Babu Tola, P.S. Manjhaulia, District West Champaran. . . . . . . Respondents. ----------- 2/ 19.07.2010 Heard learned counsel for the petitioner and the State. The petitioner submits that despite order dated 08.05.2009 of Sub-Divisional Officer – cum - Sub-Divisional Magistrate, Bettiah Sadar, Bettiah in case no.593 M of 2008 under Section 133 of Cr.P.C., the private respondents namely Jagrup Patel and Tarkeshwar Patel, both residents of village Ratanmala, Patbandhi Babu Tola, P.S. Manjhaulia, District West Champaran, have not removed encroachment from the portion of plot no. 1052, khata no. 20, falling within Ratanmala, Patbandhi Babu Tola under Manjhaulia P.S. in the district of West Champaran. After hearing the parties, in my view, if the private respondents are not obeying the order of the Magistrate to remove the encroachment, the petitioner should approach the executing authorities first instead of approaching this Court. In case, such application is filed before the executing authority, will act in - 2 - accordance with law within a reasonable time, after noticing the concerned parties. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)