IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10892 of 2009 Banti Prasad, son of Late Bal Chand Prasad, village Sareya Jagiri Tola, PS Paharpur, Dist. East Champaran – Petitioner. Vs. 1) The State of Bihar, 2) The Collector, East Champaran, Motihari. 3) The Subdivisional Magistrate, Areraj, East Champaran. 4) The Circle Officer, Paharpur Circle, East Champaran. 5) The Officer Incharge, Paharpur Circle, East Champaran. 6) Most. Jhalia Kunwar, wife of Late Babulal Yadav, 7) Manager Yadav, son of Late Babulal Yadav, 8) Laxmi Yadav, 9) Moti Yadav, both sons of Ram Lagan Yadav, all of Gahiri Tola Muralia, PS Nautan, Dist. West Champaran – Respondents. 4 21.9.2011 Heard learned counsel for the parties. The petitioner is aggrieved by the fact that respondents 6 to 9 have encroached on road bearing plot no. 2838 situate in Saraiya Gram Panchayat of Paharpur block. Learned counsel for the petitioner submits that he has a house on the road and that respondents 6 to 9 are creating nuisance by encroaching on the road. Counsel appearing for respondent no.9 submits that he has a house situated on the road and that there is no encroachment on the road in question as far as he is concerned. Counsel for the respondents submits that his clients are ready to remove the encroachment if in the measurement it is found that the respondents had encroached upon the road. I, therefore direct the Subdivisional Officer, Areraj to get the road measured by an Amin in presence of both the petitioner and the private respondents and thereafter if it is found that there is encroachment on the road, he should get the 2 encroachment removed. The said measurement should be completed within a period of four months from the date of receipt of a copy of this order as this order has been passed with the consent of both the parties. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)