IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12473 of 2005 Mohammad Salahuddin, Son of Late Md. Maniruddin, resident of Mohalla Dilawarpur, Police Station Kotwali, District- Munger. Versus 1. The State of Bihar. 2. The District Magistrate, Munger. 3. The Sub-Divisional Magistrate, Munger. 4. The Executive Officer, Nagar Parishad, Munger. 5. The Officer-in-Charge, Kotwali Police Station Munger. 6. Md. Samsuddin @ Babloo, Son of Md. Sahabuddin. Resident of Mohalla Dilawarpur, P.O. Kotwali, District- Munger. ---------------------------------- 4. 29.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. The present writ application has been filed for a direction to the respondents to clear the encroachment from public road bearing Khesra No. 229 at Mohalla Dilawarpur Ward No. 18 Dilawarpur Kaltamia Road in the town of Munger which has been encroached upon by the private respondent as well as others. A counter affidavit has been filed on behalf of the Nagar Parishad, Munger which discloses that steps were being taken to remove the said encroachment by respondent no. 6. It also discloses that a letter was sent to the Sub-Divisional Magistrate, Munger to remove the said encroachment with the help of force but due to non availability of the force the encroachment could not be removed. 2 In view of the categorical stand in the counter affidavit that the encroachment is on public road and steps were being taken but could not attain finality ultimately, this Court does not feel any necessity to keep the matter pending. Accordingly, the writ petition stands disposed off with a direction to the Sub-Divisional Magistrate, Munger as well as the Executive Officer, Nagar Parishad, Munger to ensure that the encroachment on the public road in question stands removed in its entirety. Let the same be done within two months from the date of receipt/production of a copy of this order upon the concerned respondents. Anand Kr. (Ahsanuddin Amanullah, J.)