IN THE HIGH COURT OF JUDICATURE AT PATNA --- CWJC No.4511 of 2008 --- KEDAR NATH SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Ashwani Kumar Singh, Advocate Mr. Anil Kumar, Advocate For the respondent nos. 1,4 & 5 : Mr. Manu Shankar Mishra, GP -X respondent nos.2 & 3 : Miss. Kalpana P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 29th July, 2008 We heard the counsel for the parties. 2. By means of this writ petition in the nature of public interest litigation, the petitioner has raised the grievance that in the garb of construction of boundary wall, the Bihar Industrial Area Development Authority ( for short, ‘the BIADA’) is trying to encroach the public road of village Dighi Kala by including the same in its land. 3. In response to the writ petition, a counter affidavit has been filed by respondent nos. 2 & 3. It is stated by them that measurement of their land is being done by the Circle Amin and the District Land Acquisition Officer, Hazipur at Vaishali under the 2 supervision of Head Officer and that the boundary wall is being constructed by the BIADA in accord with the measurement done by the Amin. 4. From the counter affidavit of the respondent nos. 2 & 3, it is clear that they have not only denied any encroachment of the public road but have also reiterated that they have no intention to encroach upon the public road. They have further stated that construction of boundary wall is being done as per the area marked by the Amin. Moreover, we are informed that proceedings under Sections 144 & 145 of the Code of Criminal Procedure are pending before the Sub-Divisional Officer, Hajipur. 5. We are, in the circumstances, satisfied that the following order shall meet the ends of justice:- (i) The Sub-Divisional Officer, Hajipur shall inspect the site, if he has not done so far, and, if necessary, take assistance of the concerned Revenue Officer for identification and measurement of the land belonging to the BIADA. (ii) The aforesaid inspection shall be completed by the Sub- Divisional Officer, Hajipur within four weeks from today. (iii) The Bihar Industrial Area Development Authority shall ensure, subject to the pending proceedings under Sections 144 & 145 of the Code of Criminal Procedure that they make construction of the boundary wall as per the demarcation done by 3 the Amin and that they shall not do anything that may result in obstruction on the public road nor shall cause any encroachment on the public road. 6. The writ petition is disposed of in aforesaid terms. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-