IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.11242 OF 2008 1. BHARAT PRASAD SALONA 2. SHATRUDHAN PRASAD 3. NAKUL PRASAD SALONA 4. BHIM PRASAD ALL SONS OF LATE AYODHAYA BHAGAT, RESIDENT OF MOHALLA DUTARA, P.O. G.P.O., POLICE STATION BUDHA COLONY, TOWN AND DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR –CUM- DISTRICT MAGISTRATE, PATNA 3. THE D.C.L.R., PATNA SADAR ******** 7 02/12/2011 Around the year 1985, an encroachment proceeding was initiated with respect to plot no. 613 situated in Girja within the Digha Police Station of Patna Town. The proceeding was decided against the encroachers by the Deputy Collector Land Reforms vide his order dated 17.04.1985, which was challenged and dismissed by the Collector vide his order dated 18.04.1988. One Ram Babu Rai came to this Court and his writ application was disposed of on 30th March, 2000 vide order passed in CWJC No. 3907 of 1988. Counsel for the petitioner submits that others had also came to this Court, however, he is not in a position to state as to how many persons filed writ application before this Court. Apparently, the petitioner had also filed a writ application before this Court, which was 2 admitted and later, dismissed for non-prosecution of the writ application. At that stage, the petitioner’s father and mother were parties. After their death, the petitioner could not know of the writ application pending before this Court and as such, it remained unattended. The present cause of action has arisen when the Government Amin visited and measured the plot no. 613 and thereafter the petitioner has filed this writ application. The records of the earlier writ application filed by the petitioner in the year 1985 could not be made available as it has been destroyed after dismissal of the writ application in the year 1999. At present, there appears to be only an apprehension in the minds of the petitioner that some action will be taken by the State Government. This alleged measurement was taken sometime in the year 2008, the visit of the State functionary took place some time in the year 2008. Till today, no action has been taken. In the circumstances, this writ application is pre-mature. This writ application is disposed of as pre- mature. As far as the question of delay and condonation of delay is concerned, it may be considered 3 in case any cause of action arises to consider this aspect of the matter. Anand ( Sheema Ali Khan, J.)