IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16472 of 2004 FOOL CHAND SAH son of late Nihora Sah, R/o village Mirzapur, P.O. Goreyakothi, P.S. Goreyakothi,District-Siwan …..Petitioner. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Siwan. 3. The Sub Divisional Officer, Maharajganj, District Siwan. 4. The Anchal Adhikari, Goreyakothi, Dist. Siwan. 5. Shri Manbodh Singh son of late Dhorha Singh, R/o village Mirzpur, P.S. Goreyakothi, District Siwan. 6. Shri Raj Ballabh Singh son of Muneshwar Singh,R/o village Mirzapour, P.S. Goroeyakothi, District Siwan. 7. Shri Vagis Singh son of late Khobari Singh, R/o village Mirzapur, P.S. Goreyakothi, Distrift Siwan. 8. Shri Dinanath Singh son of Ramdatt Singh, R/o village Mirzapur, P.S. Goreyakothi, District Siwan ……..Respondents. ----------- For the petitioner : Mr. Umesh Kr. Mishra, Advocate. For the State : Mr. Fakhruddin Ali Ahmad, A.C. to S.C-III ------- 2 28.04.2011 Heard the parties. 2. The petitioner has filed the present writ petition under Article 226 of the Constitution of India, raising a grievance that despite orders and directions issued by the respondent Anchaladhikari in Encroachment Case no.3 of 2000-2001/2004- 2005, public land bearing Survey Plot No. 1127 appertaining to Khata No. 111 area 4 Bigha 10 katha 17 dhurs situate at village Mirzapur in the District of Siwan, is still under encroachment of the private respondents no. 5 to 8 and some other persons. The encroachments are not being removed by the authorities, causing immense hardship to the general people as the lands in question was being used as a public road. 3. Though , the writ petition was filed on 23.12.2004 and more than six years has elapsed ,yet counter affidavit has not 2 been filed on behalf of respondent State of Bihar and its functionaries, as a result of which the statement made in the present writ petition prima facie appears to be correct. Matter ,at hands, is required to be examined by the Respondent District Magistrate and other concerned officers with all seriousness. If the lands in question have been held to be a public land under the meaning of Bihar Public Land Encroachment Act, 1956(in short Act) and final order has been passed by the Anchalaldhikari, in terms of section 6 of the Act and if that order has not been reversed or set aside by the appellate authority, then in that case, encroachment is required to be removed from that land by all means. 4. In the given facts of the case, the petitioner is hereby directed to appear before respondent District Magistrate, Siwan, within four weeks from today with a detailed representation and a certified copy of the present order, raising all his grievances, which have been raised in the present proceeding. If such a representation is filed by the petitioner, within the time prescribed with a certified copy of the present order, respondent District Magistrate shall be obliged to look into the grievances of the petitioner and shall further be obliged to dispose it of in accordance with law by a speaking order, after giving opportunity of hearing of the petitioner and all other concerned persons including private respondents no. 5 to 8. If after hearing the parties, respondent District Magistrate comes 3 to a finding that the land in question has been declared as public land under the meaning of the Act and order has been passed by the respondent Anchaladhikari, for removal of such encroachment, then in that case, respondent District Magistrate shall ensure that the order passed in encroachment case is complied with in its letter and sprit. Entire exercise must be completed by the respondent District Magistrate within four months from the date of filing of the representation by the petitioner. 5. However, if the petitioner does not appear before the District Magistrate, within the time prescribed by this Court, with a representation and a certified copy of the present order, then it shall be construed that the writ petition filed by the petitioner has been finally rejected by this Court. 6. With the aforesaid observations and directions, the present writ petition stands disposed of. No costs. Rahman/ ( Birendra Prasad Verma, J.)