IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9020 of 2005 Chandrika Shukla Son of Late Saryug Shukla, Resident of Village- Banswaria, P.S. Motihari, Muffasil, District- East Champaran…Petitioner. Versus 1.The State Of Bihar 2.The Collector, East Champaran at Motihari. 3.The Anchal Adhikari, Motihari at Matihari, District- East Champaran. 4. Awadh Kishore Shukla 5.Raj Kishore Shukla .. Both sons of late Bindhyachal Shukla. 6. Umesh Shukla son of Rajendra Shukla 7. Gaurishankar Shukla son of late Mahendra Shukla. 8. District Board, East Champaran at Motihari through its Chief Executive Officer at Motihari. Respondents no.4 to 7 are residents of Village- Banswaria, P.S. Motihari Muffasil, District- East Champaran. …….. Respondents. ---------------------------------- 2 4.11.2011 Heard Mr.Uma Kant Shukla, learned Senior counsel for the petitioner and learned Standing Counsel VI for the respondents no.1 to 3. Learned counsel for the petitioner is permitted to implead the District Board, East Champaran at Motihari as respondent no.8 in the present proceeding. The writ petition has been filed for a direction to the respondents to remove the encroachment from the public road bearing R.S.Plot No.1204 of Village Banswaria, Anchal Motihari in East Champaran which is alleged to have been encroached by respondents no.4 to 7. In the counter affidavit filed on behalf of the respondents no.1 to 3 it has been stated that in revenue records the said plot is shown as public road belonging to the District Board. In sum and 2 substance in counter affidavit it has been said that it is for the District Board authorities to do the needful. This Court finds it very strange that one official authority would wait for formal request for doing something which is totally within the domain of the administration. Considering the facts and circumstances of the case, the writ petition is disposed off with a direction to the Collector, East Champaran, to look into the matter and ensure that proper proceedings are drawn against any alleged encroacher on the said plot which happens to be the public road. If the respondent District Board is required to play any formal role, this Court directs the respondent no.8 to comply with the same. Every effort should be made that the proceedings are instituted and taken to their logical conclusion latest within three months from the date of production / receipt of a copy of this order upon respondents no.2 to 8. The writ petition stands disposed off with the aforesaid directions. AnilKrSinha (Ahsanuddin Amanullah,J.)