IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11789 of 2010 Umesh Kumar Choubey, son of late Chandrika Choubey, resident of village Tarwar Tola Baidyanathpur, District Saran … … Petitioner Versus 1. The State Of Bihar through its Chief Secretary, Old Secretariat, Patna 2. District Magistrate, Saran, Chapra 3. Additional Collector, Saran, Chapra. 4. Circle Officer, Amnaur Anchal, Saran … … Respondents ---------------------------------- 2. 22.12.2011 The petitioner’s case is that he had donated 3 dhurs of land from Survey Plot No. 2844 Plot No 46 and 1 dhur from Survey Khata No. 2, Plot No. 3 by registered deed to the Governor of Bihar for the purpose of construction of a road. The donation was made some twenty years back. Recently, an encroachment case was initiated against the petitioner on a petition of the local villagers. The case of the petitioner in this writ application is that the measurement was made of the said land without any notice to him and it was found that the petitioner had encroached upon certain land of the aforesaid plots. The main grievance of the petitioner is that an opportunity ought to have been given to the petitioner to be present at the time of measurement so that he could also bring his own Amin and the land could have been measured in his presence. Since, it is not disputed by the petitioner that he donated some portion of the land for construction of the road, it is only fair that any measurement made should be done in 2 presence of the petitioner. The petitioner is directed to bring it to the notice of the Circle Officer, Amnaur, respondent no.4,who is directed to fix a date of measurement and after the measurement is done in presence of the petitioner the final order may be passed in the encroachment proceeding, if no order has been passed as yet. With the aforesaid direction/observation the writ petition is disposed of. Kanth ( Sheema Ali Khan, J.)