IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3738 of 2001 SIKANDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 3 20.1.2009 The grievance of the petitioner in this writ application is that on an earlier occasion, the encroachment made by the respondent no.8, on being found to be patently illegal, was removed in view of an order dated 16.7.1999 passed by the Circle Officer, Dehari, Rohtas but, then again the respondent no.8 has made an encroachment leading to obstruction in the Aam Rasta measuring 12’X10’ in Chak Plot No. 538 and Survey Plot No. 1057 in village Bararhi in the district of Rohtas. This Court way back by an order dated 4.4.2001 had directed the State Government to file counter affidavit so that the case could be disposed of at the admission stage. Almost eight years have now been completed but the desired counter affidavit has not been filed. In such a situation, this Court would dispose of this writ application with a direction to the Collector of Rohtas district to examine the matter himself and if the allegations made by the petitioner are found to be correct, he will not only pass an speaking order directing his subordinate including the Circle Officer, Dehari to 2 remove the encroachment but would also submit a report to this Court as with regard to the removal of the encroached land. On the other hand, if it is found that there is no encroachment existing over there, the Collector of the Rohtas district will personally make such verification of fact by visiting the site and thereafter, file a report to this Court that actually no encroachment had been made by the respondent no.8. Whatever decision has to be taken in this respect, must be taken by the Collector of the district within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations/direction, this application is disposed of. Let a copy of this order be given to AAG-3. Rsh (Mihir Kumar Jha, J.)