IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 19259 of 2010. =================================================== Rajdeo Tiwary, son of late Chandradeo Tiwary, R/o Village – Gopalpur, P.S. Bhagwanpur, Dit. Siwan …………………………….…. Petitioner Versus 1. The State of Bihar through Secretary, Dept. of Urban Development, Govt. of Bihar, Patna, 2. The Secretary, Dept. of Urban Development, Govt. of Bihar, Patna, 3. The Nagar Parishad, District Siwan through its Chairman, Nagar Parishad, Siwan, 4. The Chairman, Nagar Parishad, Siwan, 5. The District Magistrate, Siwan, 6. The Executive Officer, Nagar Parishad, Siwan ….. Respondents. =================================================== APPEARANCE For the petitioner: Miss Kalpana, Advocate. For the respondents: Mr. R.C.P. Bharti, SC XIV, Mr. Md. Aslam Ansari, Mr. Ajay Kumar, ACs to SC to XIV and Mr. Ravi Bhushan Verma, Advocate. =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 25.11.2010. The petitioner complains about encroachment on a public road in Mahadeva Mohalla in Siwan town. Earlier the petitioner had approached this Court in CWJC No. 3973 of 2010 in the same subject matter. By the order dated 08.03.2010 the petitioner was directed to approach the concerned authority under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 2 `the Act’). The petitioner did approach the Siwan municipality in the subject matter. The Siwan municipality has, under the order dated 04.08.2010, rejected the request on the ground that the encroachment complained of is on a private land and not on a public land. Feeling aggrieved the petitioner has preferred this petition in public interest. As it has been held that the encroachment in question is not on a public land, the authority under the Act cannot be invoked. If aggrieved, the petitioner has statutory remedy of appeal under Section 11 of the Act. The petition in the present nature is not maintainable. The petition is dismissed in limine. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )