IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.300 of 2009 Shankar Mandal, Son of Bauku Mandal, Resident of Village Ranna, P.S. Rosera at present P.S. Hathouri, District Samastipur. ----- Petitioner. Versus 1. The State of Bihar through the Collector, Samastipur. 2. The D.C.L.R. Rosera Subdivision, District Samastipur. 3. The S.D.O., Rosera Subdivision, District Samastipur. 4. The Anchal Adhikari, Rosera Block, Subdivision Rosera, District Samastipur. 5. The Karamchari of Gram Panchayat Raj, Dajiya Ranna under the Block Rosera, Subdivision Rosera, District Samastipur. 6. The Anchal Amin, Rosera Block, Subdivision Rosera, District Samastipur. 7. The Commissioner, Darbhanga Division, Darbhanga. 8. The Officer-in-Charge, PS Hathouri, District Samastipur.---- Respondents 1st Party. 9. Mushni Devi, Wife of Mahendra Ram. 10. Soni Ram, Son of Faudar Ram. 11. Ram Gobind Mandal, Son of Ram Khelawan Mandal. 12. Lakshmi Ram, Son of Faudar Ram. 13. Jhotan Ram, Son of Dhodhai Ram. 14. Bhajju Ram, Son of Uchit Ram. 15. Keshwar Ram, Son of Dhodhai Ram. 16. Ram Chandra Mandal, Son of Maksudan Mandal. 17. Siya Prasad Mandal, Son of Ram Khelawan Mandal. 18. Arjun Ram, Son of Kusheshwar Ram. 19. Janki Devi, Wife of Yogi Ram. 20. Hridaya Ram, Son of Thako Ram. 21. Bhikhal Ram, son of Mahabir Ram. 22. Bindeshwar Ram, Son of Ram Kishun Das. All residents of village Ranna, PS Rosera, District Samastipur. ------ Respondents 2nd Party. 23. Jagdish Mandal @ Magadi Mandal, Son of not known. 24. Mailku Mandal. 25. Mukh Lal Mandal. Both sons of Ram Khelawan Mandal. 26. Mahabir Mochi. 27. Raghubir Mochi. Both sons of Paltu Mochi. 28. Siya Sharan Ram. 29. Ram Singer Ram. Both Sons of not known. 30. Bindeshwar Ram. 31. Bhogendra Ram. Both sons of Ram Kishun Ram. 32. Jugeshwar Ram, Son of late Badar Ram. 33. Bauku Thakur, Son of Dani Thakur. 34. Mahindra Mandal, Son of Bahadur Mandal. 35. Shivjee Mandal. 36. Ramu Mandal. 2 37. Ram Bilash Mandal. All sons of late Dhannuk Mandal. 38. Braj Kishore Singh, Son of Bhakaran Mandal. 39. Pawan Kumar Singh, Son of Ram Sharan Mandal. 40. Ramjee Mandal, Son of late Parau Mandal. 41. Maya Shankar Mandal, Son of Ram Gulam Mandal. All resident of Village Ranna, PS Rosera, District Samastipur. ------ Respondents 3rd Party. ---------- 3 15.12.2011 A public petition has been filed to the District Magistrate, Samastipur alleging therein that Brij Kishore Singh, Pawan Kumar Singh, Ramji Mandal and Maya Shankar had encroached upon a ‘Deo Asthan’. It is also alleged that the respondents 9 to 22 have been settled the lands which was actually on a public road. The rest of the respondents i.e. 23 to 41 had encroached upon a public road. The District Magistrate, Samastipur is directed to look into the matter, call for the record, ascertain as to whether settlement had been made to the respondents concerned and if necessary, issue notice to them and if he finds that no settlement has been made in their favour or that settlement has wrongly been made, the District Magistrate, Samastipur may take steps in accordance with law as far as the respondent 3 nos. 23 to 41 are concerned. The District Magistrate, Samastipur will call for a report from the concerned authority as to whether there is encroachment on the land appertaining to plot numbers which are part of Annexure-3. Considering that there are several plots involved, it would be advisable to the petitioner to file a copy of the representation before the District Magistrate, Samastipur, within a period of four weeks on receipt of a copy of this order so that he may take appropriate action in this matter. This writ application is accordingly, disposed of. Sanjay (Sheema Ali Khan, J.)