IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17910 of 2008 Indu Choudhary, wife of Sri Bishwanath Choudhary, resident of Sir C.P.N.Colony, Club Road, Mithanpura, Muzaffarpur, Police Statyion- Mithanpura, District-Muzaffarpur ……………… Petitioner Versus 1. The State Of Bihar, through the Principal Secretary/Commissioner, Revenue and Land Reforms Department, Government of Bihar, Patna. 2. The Principal Secretary/Commissioner, Revenue and Land Reforms Department, Government of Bihar, Patna 3. The Sub-Divisional Officer, Muzaffarpur (East), District-Muzaffarpur 4. The Station House Officer, Mithanpura Police Station, Muzaffarpur, District-Muzaffarpur 5. Muzaffarpur Municipal Corporation, Muzaffarpur through the Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur 6. The Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur ……………………………. Respondents. ----------- For the petitioner:- Mr. V.R.P.Singh, Advocate For the Corporation :- Mr. Awadhesh Kumar, Advocate. ---------- 3. 20.3.2009 Heard learned counsel for the parties. The petitioner has come to this Court for quashing of the order dated 6.9.2008 passed by the Municipal Commissioner, Muzaffarpur Municipal Corporation in Case No. 18/2007 holding that there is encroachment by petitioner over certain part of the road and directing the petitioner to remove the encroachment. After some arguments learned counsel for the petitioner submits that he would confine his argument to the extent of measurement of the land in the presence of the petitioner since there is nothing in the counter affidavit to show that any measurement was taken in the presence of the petitioner after the earlier measurement by the Amin. In the said circumstances, learned counsel submits that the authorities of the Municipal Corporation may be directed to make 2 measurement in the presence of the petitioner and in case any encroachment is found then he will remove the same. In view of the aforesaid fair stand of learned counsel for the petitioner, the writ application is disposed of with a direction to the Municipal Commissioner, Muzaffarpur Municipal Corporation to ensure that measurement is made in the presence of the petitioner and thereafter if any encroachment is found then he may take steps for removal of the same in accordance with law. S.Pandey (Ramesh Kumar Datta, J.)