IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.434 of 2010 1. GHURAN THAKUR S/O NRITYA LAL THAKUR R/O VILL.- MAHRAIL, P.S.- RUDRAPUR, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE MADHUBANI 3. THE SUB-DIVISIONAL OFFICER JHANJHARPUR, DISTT.- MADHUBANI 4. THE CIRCLE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER CIRCLE-ANDHRATHADI, DISTT.- MADHUBANI 5. THE CIRCLE INSPECTOR-CUM-DEPUTY MAGISTRATE CIRCLE-ANDHRATHADI, DISTT.- MADHUBANI 6. THE STATION HOUSE OFFICER RUDRAPUR (ANDHRATHADI), DISTT.- MADHUBANI 7. SRI AMAR NATH JHA S/O LATE TEJ NARAYAN JHA R/O VILL.- MAHRAIL, P.S.- ANDHRATHADI (RUDRAPUR), DISTT.- MADHUBANI 8. BADRI JHA S/O LUTAN JHA R/O VILL.- MAHRAIL, P.S.- ANDHRATHADI (RUDRAPUR), DISTT.- MADHUBANI 9. BISHWANATH JHA S/O LATE SATYA NARAYAN JHA R/O VILL.- MAHRAIL, P.S.- ANDHRATHADI (RUDRAPUR), DISTT.- MADHUBANI ----------- 2/ 07/03/2011 Heard learned counsel for the petitioner the State and for Respondent Nos.7 to 9. The petitioner alleges encroachment of a public road by the private respondents. The private respondents before this Court, in turn, alleges encroachment by him. Be that as it may, on an application of the petitioner proceedings under Section-133 Cr.P.C. were recommended. The counter affidavit of the private respondents in paragraph-8 specifically states that the encroachment made by them had been removed in pursuance of directions of the Anchal Adhikari dated 11.2.2010. The application is disposed in terms of the statements made by the private respondents insofar as the issue of encroachment by them is concerned. The District Magistrate shall ensure that the statement 2 made by the private respondents in paragraph-10 of their counter affidavit is factually correct on the spot. If any encroachment is found to be subsisting by them, paragraph-8 of the counter affidavit shall give the authority to the District Magistrate to remove such encroachment forthwith. Insofar as the encroachment against the petitioner is alleged, that is a matter for the satisfaction of the District Magistrate to be examined and to proceed in accordance with law if circumstances so warrant. Let this order be complied with in all aspects within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)