IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5981 of 2006 DEEP NARAYAN SINGH SON OF LATE AMAR SINGH RESIDENT OF VILLAGE PATTI BANDHU RAI, P.S. BHAGWANPUR DISTRICT- VAISHALI. … PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE CUM COLLECTOR VAISHALI AT HAJIPUR. 3. THE CIRCLE OFFICER BHAGWANPUR, P.S. BHAGWANPUR, DISTRICT VAISHALI. 4. NAND LAL SINGH SON OF LATE CHANDRADEEP SINGH RESIDENT OF VILLAGE PATTI BANDHU RAI P.S. BHAGWANPUR DISTRICT- VAISHALI. .. RESPONDENTS. For the Petitioner: Mr. Devendra Prasad Singh, Advocate. For the State: Mr. Ram Shankar Prasad, A.C. to G.P.-VII. ----------- 2. 29.03.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 21.4.2005, Annexure-3, passed by the Circle Officer, Bhagwanpur in Land Encroachment case No. 30 of 2004-2005, whereunder petitioner has been directed to remove encroachment from plot no. 426 to the extent of 23 x 27 links as was found during the measurement taken by the Circle Amin. Aforesaid order has also been affirmed by the Collector, Hajipur under orders dated 17.3.2006 passed in Case No.R-35 of 2005-2006, Annexure-4. 3. It is, however, submitted by the counsel for the petitioner that in spite of the aforesaid two orders encroachment has not been removed till date on 2 account of pendency of the writ petition. This Court is proceeding on the basis that till date encroachment has not been removed. It is submitted on behalf of the petitioner that measurement taken by the Anchal Amin was behind the back of the petitioner. Counsel for the petitioner, however, concedes that petitioner does not have any objection if fresh measurement is taken in his presence and during the fresh measurement if any encroachment is found to have been made by the petitioner the same be removed. Before any fresh measurement is taken, petitioner is required to establish the extent of his interest in Plot No. 446 so as to enable the authorities to decide the extent of encroachment made by the petitioner over the adjoining road bearing plot no. 426. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to appear before the Circle Officer, Bhagwanpur alongwith a copy of my order as also the document in support of his title over portion of Plot No.446 and thereafter the Circle Officer shall get the extent of the land of the petitioner in Plot No.446 measured as also the encroachment over Plot No. 426 and if any portion of road bearing Plot No.426 is found encroached either by the petitioner or any other person such encroachment be removed. 3 Necessary compliance of my order be made, as early as possible, in any case, within two months from the date of receipt/production of a copy of my order. 5. The writ application is, accordingly, disposed of. Ibrar/- ( V.N.Sinha, J.)