IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3483 of 2006 BRIJNANDAN LAL SON OF LATE HARIHAR LAL, RESIDENT OF VILLAGE BAHERA(HARNATHPUR) POST HARNATHPUR, POLICE STATION MOHANIA, DISTRICT KAIMUR. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY. 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, KAIMUR. 4. THE SUB-DIVISIONAL OFFICER, MOHANIA, DISTRICT KAIMUR. 5. THE LAND REFORMS DEPUTY COLLECTOR, MOHANIA, DISTRICT KAIMUR. 6. THE CIRCLE OFFICER, MOHANIA, DISTRICT KAIMUR. 7. SHAMBHU YADAV. 8. SHIV PARSAN YADAV. 9. DEVAJIT YADAV . 10. VIJAY YADAV, ALL SONS OF LATE DEV MUNI YADAV. 11. HANUMAN YADAV, SON OF LATE KAPILDEO YADAV. ALL RESIDENTS OF VILLAGE DULLAHPUR(HARNATHPUR), POST HARNATHPUR, POLICE STATION MOHANIA, DISTRICT KAIMUR. ----------- 03. 25.02.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner has filed this writ petition praying inter alia to direct the official respondents to ensure removal of encroachment made by private respondent nos.7 to 11 over the Chak road, drain laid over plot nos.70, 129 of village Dullahpur within Mohania Anchal in the district of Kaimur at Bhabhua. In this connection, Encroachment Case No.16 of 2004-05 was initiated but the said proceeding was dropped in the light of the compromise effected between the parties, which is evident from order dated 20.6.2005 passed by the Circle Officer, Mohania, photo copy whereof is annexed as Annexure-A to the counter affidavit. 3. It is submitted on behalf of the petitioner that encroachment over public road, drain cannot be allowed to remain by - 2 - enabling the parties to settle the dispute amicably as encroachment is likely to cause interference in draining out of the rain water and movement of the pedestrians over the village road. 4. I see substance, in the submission made by the counsel for the petitioner. Accordingly, I set aside the order dated 20.6.2005, Annexure-A passed in Encroachment Case No.16 of 2004-05 and direct the Circle Officer, Mohania to proceed with the encroachment case and remove encroachment from the Chak road, drain laid over plot nos.70, 129 of village Dullahpur, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Circle Officer, Mohania. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)