IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.2763 of 2011 ==================================================== Ramjeet Prasad, Son of Late Manbharan Prasad, resident of Village- Barhara, P.S. Bhore, District-Gopalganj. …. …. Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Gopalganj. 3. The Sub Divisional Officer, Hathua, District-Gopalganj. 4. The Circle Officer, Bhore Circle, District-Gopalganj. 5. The Circle Inspector, Bhore Circle, District-Gopalganj. 6. The Superintendent of Police, Gopalganj. 7. The Officer-In-Charge, Bhore Police Station, District-Gopalganj. 8. Arjun Prasad, Son of Late Bharat Prasad. 9. Bhrigurashan Prasad, Son of Late Balram Prasad. 10. Ramdeo Gond, Son of Brij Mohan Prasad. 11. Shambhu Gond, Son of Late Mukhlal Gond. Respondents No. 8 to 11 are resident of Village Barhara, P.S. Bhore, District-Gopalganj. …. …. Respondents ==================================================== Appearance : For the Petitioner: Mr. Sanjay Kumar Verma, Advocate For the Respondents 1 to 7: Mr. Shashi Shekhar Pd. Sharma, A.C. to GP-17 For the Respondents 8 & 9:Mr. Basant Kr. Choudhary, Senior Advocate with Mr. Satyeshwar Prasad, Advocate Mr. Rakesh Kumar, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 25.3.2011. This petition under Article 226 of the Constitution is field in public interest by one Ramjeet Prasad, resident of Village- Barhara, P.S.-Bhore, District-Gopalganj. It is the complaint of the writ petitioner that the respondent nos. 8 to 11 have encroached upon the part of the public road of Village-Barhara. - 2 - He has, therefore, prayed that the encroachment be removed from the public road bearing Khata No. 182, Khesra No.331. The respondent no.8 has appeared through learned counsel Mr. Basant Kumar Choudhary. He has filed counter affidavit to contest the petition. The respondent no.8 has claimed title over the disputed land. A writ petition C.W.J.C. No. 9883 of 2009 in the subject matter filed by the respondent no.8 is pending before the learned single Judge. He has also stated the petitioner is personally interested in the land in question, therefore, the petition in the present nature does not lie. Be that as it may, in view of the disputed question of title and the substantive petition pending in the subject matter, the petition in public interest shall not lie. The petition is accordingly dismissed. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)