IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3516 of 2006 GANESH PRASAD KUSWAHA, SON OF SRI RAMCHANDRA MAHTO, RESIDENT OF VILLAGE AND P.O. LAGUNIA RAGHUKANTH, P.S. SAMASTIPUR(MUFASSIL), DISTRICT SAMASTIPUR. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SAMASTIPUR. 3. THE SUB-DIVISIONAL OFFICER, SAMASTIPUR. 4. CIRCLE OFFICER, SAMASTIPUR. 5. CHIEF EXECUTIVE OFFICER CUM D.D.C. ZILA PARISHAD, SAMASTIPUR. ----------- 03. 25.02.2011 Heard learned counsel for the petitioner and the State. 2. For removal of encroachment from plot no.358 of village Bejhadih within Samastipur Anchal in the district of Samastipur petitioner has filed representation before the Circle Officer and the District Magistrate, Samastipur. Representation addressed to the Circle Officer, Samastipur is contained in Annexures-5, 5/1, perusal whereof does not indicate any date. Representation addressed to the District Magistrate, Samastipur is dated 4.2.2006 and is contained in Annexure-6 to this application. 3. The matter remained pending before this Court for about 4 years but till date no counter affidavit has been filed by the authorities of the district administration, Samastipur. In the circumstances, it is deemed appropriate to direct the petitioner to appear before the Circle Officer, Samastipur along with a copy of this order. The Circle Officer shall ensure measurement of the lands in questions and see for himself whether any portion of the public road has been encroached. If he finds any encroachment over the lands in question shall ensure that the same is removed, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Circle Officer, Samastipur. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)