IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4596 of 2008 Ram Udar Pandey, son of Shri Ram Sringar Pandey, village Mahmadpur Maksudan, PS Sahebganj, District Muzaffarpur – Petitioner. Vs. 1) The State of Bihar through the Dist. Magistrate, Muzaffarpur. 2) Circle Officer, Sahebganj, Dist. Muzaffarpur. 3) The Block Dev. Officer, Sahebganj East, Dist. Muzaffarpur. 4) Shri Maheshwari Singh, son of Late Mahendra Singh, Mukhia, Gram Panchayat Persauni, Dist. Muzaffarpur. 5) Raghu Ram, son of Fagun Ram, 6) Girija Devi, Wife of Mohan Ram, 7) Lalu Ram, son of Janak Ram, 8) Nawal Ram, son of Janak Ram, 9) Janak Ram, son of Saryug Ram, 10) Jagannath Ram, son of Munga Ram, 11) Ram Nath Ram, son of Sukhal Ram, 12) Akal Ram, 13) Jugal Ram, both sons of Vishuni Ram, all of Mohammadpur Maksudan, PS Sahebganj, Dist. Muzaffarpur – Respondents. 3 29.9.2011 No body appears for the petitioner. Counsel for the State is present. By order, dated 29.6.2011 this court had observed that the encroachers on the road situate on plot no. 697, Thana no. 65, Mauza Mohammadpur Maksudan between Balthi pitch road to Parsauni Milani situate on the main road of village Makdumpur Milani, PS Sahebganj, District Muzaffarpur should be removed and the citizens should be permitted to travel up and down without any hindrance. It is said that respondents 4 to 13 by constructing their huts over the road, blocked vehicular traffic and caused obstruction to the free flow of traffic A counter affidavit has been filed stating therein that the respondents have been living in the huts for past thirty years and as such the State has to find an alternative site to accommodate them before they can be removed from the flanks of 2 the road. It is also said that the encroachment has been removed from the road inasmuch as there is a free flow of traffic on the road which is now 16’ wide. A peculiar stand is being taken on behalf of the State through the Circle Officer, Sahebganj. In fact there can be no justification for the State to allow the people to illegally occupy the flank of the road or any piece of Government land for that matter. In such circumstances respondent Circle Officer should issue notice to respondents 4 to13 and also make an announcement on loud speaker that they should vacate the flanks of the road which causes inconvenience. If any objections are filed, the Circle Officer may issue notice and after hearing them pass appropriate orders. If there is any proposal for rehabilitation of such persons, let the Circle officer consult the District Magistrate, Muzaffarpur to expedite the matter. This order should also be brought to the notice of the District Magistrate who would be in a better position to examine whether in fact there is any encroachment on the lands in question and whether such encroachment is an obstruction to free flow of traffic. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)