IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11793 of 2009 BISHUN DEO NARAYAN SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 5.03.2010 An Interlocutory application has been filed for substituting respondent no.4 who is dead by his wife Rajeshwari Devi. Let the substitution application be allowed. The present writ application is for a direction to the respondents to carry out proper measurement of the road and the land adjacent thereto including the land in possession of the petitioner before coming to any finding with regard to encroachment or not. The respondent no.4 has also land other-side of the road in front of the petitioner. The petitioner alleges that the encroachment is by respondent no.4 and not by petitioner. In my view no party is prejudiced if the entire area is properly surveyed and measured in accordance with law and then road constructed. No one will be left with any grievance in such measurement. I, therefore, direct the Collector-cum-District Magistrate, Samastipur to look into the matter and get the area surveyed properly and then proceed with the construction of road in question in village- Khairi, P.S.-Khanpur, District- Samastipur. The petitioner may accordingly make an application to the Collector, Samastipur, who would pass necessary orders in this regard. It is, however, made clear 2 that measurement would be made in presence of parties and after notice to the parties including the respondent no.4, Collector would pass appropriate orders within one month. With the above observations and directions, the writ petition stands disposed of. V.K. Pandey (Navaniti Prasad Singh, J.)