IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9039 of 2005 Birendra Nath Sinha S/o Late Jamuna Prasad, resident of Village- Bhagwat Parsa, P.O.- Bhagwat Parsa, P.S.-Phulwaria, District- Gopalganj. ……… Petitioner. Versus 1.The State of Bihar. 2. The Collector, Gopalganj. 3. The Additional Collector, Gopalganj. 4. The Sub-divisional Officer, Hathua Sub-division, District- Gopalganj. 5.The Deputy Collector Land Reforms, Hathua Sub-Division, District- Gopalganj. 6.The Circle Officer, Phulwaria Circle, at & P.O. & P.S. Phulwaria, District- Gopalganj. 7. The Block Development Officer, Phulwaria Block, at & & P.O. & P.S.- Phulwaria, District- Gopalganj. ..Respondents. ---------------------------------- 2 4.11.2011 Heard Mr.Mahesh Narayan Parbat for the petitioner and learned A. C. to S.C.VI for the respondents. The writ petition has been filed for directing the respondents to remove the encroachment from public land which is a road being used by the villagers, on Plot No.373 of Village- Bhagwat Parsa of Phulwaria Block in the District of Gopalganj. Learned counsel for the petitioner submits that there is encroachment by making some illegal constructions upon some portions of the said road by the villagers for which the respondents though obliged under law are not taking any action for its removal. Learned counsel for the respondents on instruction states that Indira Awaas for the weaker sections have been built after being approved by the Aam Sabha of Gram Panchayat. 2 Learned counsel for the petitioner submits that that Indira Awaas Yojna is not approved for any such house to be built over public road which have to be kept encroachment free. Considering the rival contentions, this Court would like to indicate that the respondents cannot curtail the total area of the road in any manner by any settlement or doing any construction over the same. Further, since in the present case the facts are in dispute, it would be expedient to dispose off the case by directing the Collector, Gopalganj to look into the matter. Accordingly, the respondent no.2 is directed to look into the matter and ensure that the road in question is encroachment free in its entirety and not only in portion. The same, if not totally encroachment free, shall be made encroachment free within four months from the date of receipt/production of a copy of this order upon him after taking all necessary steps in accordance with law. This writ application is disposed off with the aforesaid directions. AnilKrSinha (Ahsanuddin Amanullah,J.)