IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8858 of 2008 Indrasan Singh, son of Ram Barat Singh, resident of village- Awaraiyan, P.S.- Kudra, Anchal- Kudra, District- Kaimur at Bhabhua. Versus 1. The State Of Bihar. 2. The District Magistrate, Kaimur, District- Kaimur at Bhabhua. 3. The Sub-Divisional Magistrate, Mohania, District- Kaimur at Bhabhua. 4. The Circle Officer, Kudra, Anchal- Kudra, District- Kaimur at Bhabhua. 5. Sri Sheo Nath Pasi, Son of Jagardeo Pasi, Resident of Village- Awaraihyan, P.S.- Kudra, Anchal- Kudra, District- Kaimur at Bhabhuia. ----------- 2 21.07.2011 The present writ application has been filed for issuance of a direction for removal of the encroachment from the public road bearing Khata No. 77, Plot Nos. 8 and 9 situated in Mauza/Village- Awariyan, under Kudra Police Station in the District of Kaimur at Bhabua. It appears that on the application of the petitioner, 133 Cr.P.C., proceeding was initiated when the respondent no.5 appeared and after due enquiry, the Sub- Divisional Magistrte, Mohania vide order dated 24.07.1995 came to the conclusion that the encroachment on the public road has been made by respondent no.5, hence he directed to remove encroachment immediately. The said order of the Sub-Divisional Magistrate was 2 challenged by respondent no.5 before the District and Sessions Judge, which was also dismissed on 04.10.1999 due to non-appearance of respondent no.5. It is submitted that till date, the order of Sub- Divisional Magistrate dated 24.07.1995 has not been implemented and consequently, the encroachment has not been removed. Accordingly, the Circle Officer, Kudra is directed to remove the encroachment from the road in question if it has not already been removed in accordance with provisions of Public Land Encroachment Act within a period of six months. With the above observation, this application is disposed off. Amrendra/ ( Dinesh Kumar Singh, J)