IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9678 of 2005 Dadan Rai son of Late Triveni Rai, resident of village- Chilahari, P.S.-Dumraon, District-Buxar. Versus 1. The State of Bihar 2. The District Magistrate, Buxar 3. Sub-Divisional Magistrate, Dumraon, Buxar 4. Circle Officer, Dumraon, Buxar 5. Officer Incharge, Dumraon P.S., District-Buxar 6. Matuki Rai, Son of Lochan Rai, resident of village Chilahari, P.S.-Dumraon, District-Buxar 7. Executive Magistrate, Dumraon, District-Buxar. ----------- 2. 09.11.2011 Heard Mr. R. S. Pradhan, learned Senior Advocate for the petitioner and learned counsel for the State. The writ petition has been filed for implementation of the order dated 8.7.1991 passed by the Executive Magistrate, Dumraon under Section 142 of the Code of Criminal Procedure, 1973 directing the private respondent no. 6 to remove the encroachment from Aam Rasta appertaining to Khata No. 399 of Plot No. 128 which is also recorded as ‘Anabad Sarvasadharan’ in the survey proceedings. Learned counsel for the petitioner submits that against the proceeding under the Land Encroachment Act, the private respondent no. 6 had moved the Sessions Judge in revision which was rejected and against which he also came before this Court in C.W.J.C. No. 9792 of 2001 which was also dismissed by order dated 14.8.2001. 2 Learned counsel submits that inspite of all this, respondent no. 6 is still continuing with his illegal encroachment. Considering the facts and circumstances of this case the writ petition is disposed off with a direction to the respondents no. 2 to 5 to ensure that the public road in question is made encroachment free within four weeks from the date of receipt/production of copy of this order upon them. It goes without saying that such action would be taken in accordance with law. Anand Kr. (Ahsanuddin Amanullah, J.)