IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2120 of 2005 RAJMOHAN SHARMA SON OF LATE RAM LAKHAN SHARMA, RESIDENT OF VILLAGE- KORARIKALA, POLICE STATION- DARAUNDA, DISTRICT- SIWAN --- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SIWAN. 3. THE SUB-DIVISIONAL OFFICER, MAHARAJGANJ, DISTRICT- SIWAN. 4. THE CIRCLE OFFICER, DARAUNDA, DISTRICT- SIWAN.—RESPONDENTS. ----------- 2/ 12-05-2011 Heard the parties. The grievance of the petitioner is that survey plot no. 742, area 11 dhoors, situate at village- Korarikala, P.S. Daraunda, District- Siwan, is a public road and has been encroached upon by one Sukhdeo Thakur and, therefore, a direction may be issued for removal of the same. Learned counsel appearing on behalf of the respondents has opposed the prayer and has placed his reliance on the averments made in the counter-affidavit filed on behalf of respondent no. 2 and 4. He submits that as a matter of fact, for removal of the encroachment from aforesaid plot no. 742, Encroachment Case No. 4 of 2001- 02 was initiated by the respondent Circle Officer under the provisions of Bihar Public Land Encroachment Act, 1956 (in short the Act). The entire order sheet of the aforesaid encroachment case has been brought on record, as Annexure-A to the counter-affidavit. By referring to order dated 02.03.2005, Mr. Bibhakar Tiwari, learned A.C. to 2 S.C. 21, submits that on the basis of material available on record and after following the procedure prescribed under the Act, respondent Circle Officer has come to a finding that the land in question is not a public road and has been recorded in survey record as homestead land. Finally he has dropped the aforesaid encroachment case. Admittedly, neither the petitioner nor anybody else has preferred any appeal in terms of section 11 of the Act against the aforesaid final order dated 02.03.2005 (Annexure-A to the counter-affidavit). In the aforesaid facts and circumstances, there is no merit in this writ petition. It is, accordingly, dismissed. BTiwary/ ( Birendra Prasad Verma, J.)