IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4338 of 2006 SHIV DHAR PRASAD SINGH SON OF RABBI SINGH, RESIDENT OF VILLAGE AKKATWARA, P.O. BHATOURA, P.S. HATHOURI, DISTRICT SAMASTIPUR. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, DISTRICT SAMASTIPUR, SAMASTIPUR. 2. THE INCHARGE DEPUTY COLECTOR, LEGAL BRANCH, DISTRICT SAMASTIPUR, AT SAMASTIPUR. 3. THE B.D.O. SIBAJI NAGAR BLOCK, AT SIBAJI NAGAR, DISTRICT- SAMASTIPUR. 4. THE SUPERINTENDENT OF POLICE, DISTRICT SAMASTIPUR AT SAMASTIPUR. 5. THE S.D.O. ROSARA SUB-DIVISION, ROSARA, DISTRICT- SAMASTIPUR. 6. SHRI R.N. PASWAN THE INCHARGE OF O.P. UNDER P.S. HATHOURI, AT HATHOURI, DISTRICT SAMASTIPUR. 7. THE CIRCLE OFFICER, SHIVAJEE NAGAR, BLOCK, ROSARA, DISTRICT- SAMASTIPUR. 8. THE EXECUTIVE ENGINEER, WATER WAYS, SAMASTIPUR. 9. THE EXECUTIVE ENGINEER, WATER WAYS, ROSARA, SAMASTIPUR. 10. THE S.D.O., WATER WAYS, SAMASTIPUR. 11. THE S.D.O., WATER WAYS, ROSARA, SAMASTIPUR. 12. LALAN KUMAR MANDAL. 13. CHANDRA SHEKHAR MANDAL. BOTH SONS OF SHRI RAM DEO MANDAL, OF VILLAGE AKHATWARA, P.S. HATHOURI, DISTRICT SAMASTIPUR. 14. JAGDISH SINGH SOIN OF LATE BHAIYA SINGH. 15. SMT. PAWITRI DEVI W/O JAGDISH SINGH BOTH RESIDENT OF VILLAGE AKHATWARS, P.S. HATHOURI, DISTRICT- SAMASTIPUR. ..RESPONDENTS. ----------- 3. 10.03.2011 Heard learned counsel for the petitioner and the State. 2. House of the petitioner is situate over portion of plot no. 681 old, 1264 new, appertaining to khata 2 no.15 old and 125 new of village Akhatwara, P.S. Hathouri, in the district of Samastipur. Portion of the said house was demolished at the instance of private respondent Nos. 12 and 13 who are the purchasers from his co-sharer respondent Nos. 14 and 15. After demolition of the portion of the house of the petitioner from the aforesaid land respondent Nos. 12 and 13 in collusion with the Anchal Amin who submitted report dated 17.4.2005 are attempting to take possession of the land from which the house of the petitioner was demolished. It is submitted on behalf of the petitioner that portion of his house was demolished observing that the said portion of the house is situate over public land acquired for raising a water channel from river Karch. 3. Having heard counsel for the petitioner and the State, I am of the view that if the portion of the house of the petitioner which has been demolished stood on the land of the water ways the said land cannot be encroached by respondent Nos. 12 and 13. 3. Let the Circle Officer visit the aforesaid plot and after measurement of the same ensure that the lands of the water ways is neither encroached by the petitioner nor by the respondent Nos. 12 and 13 or any other persons. Appropriate orders in this regard 3 be passed by the Circle Officer after taking fresh measurement of the lands in question, 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. 4. The writ application is, accordingly, disposed of. Ibrar/- ( V.N.Sinha, J.)