IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10581 of 2009 PRAMOD RAJPATI, son of Sri Shiv Narayan Sah, resident of Mohalla – Navnit Nagar, Rukunpura, P S – Rupaspur, District – Patna. Versus 1. THE STATE OF BIHAR 2. The Anchal Adhikari, Danapur, District – Patna. 3. The Collector, Patna. 4. The Sub Divisional Magistrate, Danapur, Patna. 5. Sri Shiv Raj, son of not known, at present posted as Circle Officer, Danapur, Patna. ----------- 03. 28.08.2009 Matter was heard yesterday. The challenge was made in the writ application by the petitioner on a notice issued to him by the Circle Officer, Danapur for removing certain encroachment on a public land. Submission was that the measurement or the area indicated has been worked out behind the back of the petitioner and, therefore, it has caused him serious prejudice because he did not get opportunity to satisfy the authorities about the conclusion or the extent of such encroachment. Today, on instruction learned counsel for the State informs the Court that the authorities are willing to conduct yet another measurement in presence of the petitioner on 12th of September, 2009 to settle the issue and give an opportunity to the petitioner. Counsel representing the petitioner agrees to the date. He also submits that on due measurement if there is any encroachment established then he will take immediate steps to remove the same without the intervention of the authorities. With fair stand being taken from both sides, the writ - 2 - application is disposed of with direction upon the Circle Officer, Danapur that he shall get the measurement done in presence of the petitioner not only with regard to this property but all such property adjoining to it where encroachment is in existence and then opportunity will be given to the persons to either remove the encroachment themselves or it will be done by the administration depending on the option such persons exercise. The writ application is disposed of with above direction. rkp (Ajay Kumar Tripathi, J)