IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7660 of 2005 Brajesh Kumar Mishra, son of Sri Chandrabhan Mishra, resident of village-Basantpur, P.S.- Raghunathpur, District-Siwan. Versus 1. The State of Bihar 2. The District Magistrate-cum-Collector, Siwan. 3. The Sub-Divisional Magistrate, Siwan. 4. The Circle Officer, Raghunathpur, Siwan 5. Ram Narayan Dubey, son of Chattu Dubey resident of village-Basantpur, Police Station-Raghunathpur, District-Siwan. ----------- 2. 03.11.2011 Heard Mr. Udit Narayan Singh, learned counsel for the petitioner and learned A.C. to S.C. 21 for respondents no. 1 to 4. The writ petition has been filed for a direction to the respondents to remove the encroachment from the public road appertaining to Khata No. 268, Plot No. 1123 situated in village- Basantpur, Circle Raghunathpur in the District of Siwan which is alleged to have been encroached upon by the respondent no. 5. Learned counsel for the petitioner submits that on a petition by the villagers, the Halka Karamchari reported that the fact of encroachment was proved. Inspite of the same, the Circle Officer did not take any action. The villagers were thus forced to go before the S.D.M. who also directed the Circle Officer to do the needful but still the same was not done and finally the villagers had approached the Collector of the District, but according to him no positive action has been taken. 2 Learned counsel for the State on the other hand, from instruction, states that encroachment has been removed and there is no obstacle on the road. Considering the facts and circumstances of the case the writ petition is disposed off with a direction to the petitioner to file a representation before the Collector, Siwan if there is any encroachment still remaining on the said road. If such a petition is filed by the petitioner, alongwith a copy of this order, within two months from today, the Collector shall ensure that the road, as existing in the Government records, is made encroachment free in its entirety and it would not be sufficient for the respondents to remain inactive in view of there being some space left for use as road. The exercise should be completed in accordance with law within three months from the date of filing such representation. Anand Kr. ( Ahsanuddin Amanullah, J.)