IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.607 of 2008 1. ARBIND SHARMA S/O SHRI RAMUGRAH SHARMA. 2. SMT. SUGESHWARI DEVI W/O SRI ARVIND SHARMA. Both residents of Village-Silaunja, P.S.-Belaganj, Dist.- Gaya, At present resident of Moh:-Kaler (Magadh Medical), P.S.-Magadh Medical College, Dist.-Gaya. ...................Petitioners Versus 1. THE STATE OF BIHAR, THROUGH THE COLLECTOR, GAYA. 2. COLLECTOR, GAYA. 3. CIRCLE OFFICER, TOWN, DIST.-GAYA. 4. PRINCIPAL, A.N. MEDICAL COLLEGE, AND HOSPITAL, GAYA. ................Respondents ----------- 03 20.06.2011 Heard learned counsel for the petitioners, no body appears on behalf of the State. The petitioners' grievance is that they are purchasers of Plot Nos. 139 and 477 whereas as per the impugned order it appears that they have been asked to vacate the encroachment made on Plot No. 451. The petitioners' counsel categorically states that there has been no encroachment by the petitioners on Plot No. 451 and whatever construction has made and the possession retained by them is only with regard to Plot Nos. 139 and 477 which they have purchased (Photocopy of the registered sale deed has been made as Annexure-1 to the writ petition). Learned counsel for the petitioners fairly states that their purposes should be served if in his presence the disputed land/plot/structure is measured as per the records maintained by the State as well as the registered sale deed. He also undertakes that if it is found that there has been any encroachment on Plot No. 451 then they shall 2 get the same removed at his own cost and deliver vacant possession to the State authorities. In view of fair stand taken by the petitioners, this Court is inclined to direct the respondent no. 2, i.e. Collector, Gaya, to depute a competent person alonogwith amin and after giving notice to the petitioners get the said land in question demarcated and take consequential action accordingly. Let the petitioners file a representation before the respondent no. 2, i.e. Collector, Gaya, alongwith a certified copy of this order within four weeks from today. If, the same is filed, the Collector, Gaya, shall ensure that the measurement in presence of the parties specially the petitioners is done within four weeks thereafter of which at least two days prior notice be given to the petitioners. The learned counsel for the petitioners undertakes that he will co-operate in the said exercise. Accordingly, this writ petition is stands disposed off with the aforesaid directions. Safik (Ahsanuddin Amanullah, J.)