IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8884 of 2008 RAM KISHORE PRASAD CHAURASIA Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : M/S. Ravi Shankar Sahay & Randhir Kumar No. I For the Respondents 1 to 6 : Mr. Manindra Kumar Singh, G.P. 12 ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 5th August, 2008. By this writ petition, in the nature of public interest, the petitioner has prayed for issuance of a direction to the respondents to remove encroachment over the pucca road of P.W.D. near Hanuman Chowk that passes through village Banwaripur, under Bhagwanpur Police Station in the district of Begusarai. 2. In response to the writ petition, counter affidavit has been filed by the Superintendent of Police, Begusarai (respondent no. 3). In paragraphs 6 to 9 of the counter affidavit, following statement has been made : “6. That it is stated and submitted that so far encroachment is concerned, the vegetable sellers used to sale their vegetables twice in a week on both sides of the pucca road and to remove the same Officer-in-charge, Bhagwanpur Police station sent a report vide DR No. 439/07 dated 30.6.07 to the Circle Officer, Bhagwanpur stating therein that vegetable sellers encroaches the pucca road near Hanuman Chowk twice in a week due to the reason traffic could not run smoothly. He also requested him to take necessary steps so that law and order could be maintained. 7. That it is stated and submitted that a - 2 - preventive action has already been taken against the encroachers by lodging Bhagwanpur P.S. Non F.I.R. No. 326/07 and also forwarded report to the S.D.O. to initiate a proceeding u/s. 107 of the Cr. P.C. 8. That it is stated and submitted that the S.D.O. Teghra had banned vegetable hat on administrative grounds and directed to sale the vegetables on the vacant land which situated west side of the road. In response to the order of the S.D.O., Officer-in-charge, Bhagwanpur made a request to depute a competent authority of the Public Works Department or a Magistrate so that encroachment could be removed peacefully. 9. That it is stated and submitted that C.O. Bhagwanpr deputed a Magistrate vide his order bearing memo no. 157 dated 18.3.08 and with the help of the Magistrate encroachment over the road in question have been removed. At present there is no encroachment on either sides of the pucca road. S.H.O., Bhagwanpur also requested vide his DR. No. 257 dated 23.3.08 to S.D.O. Teghra to install the vegetable hat on Govt. land.” 3. It would, thus, transpire from the aforesaid counter affidavit that the encroachment over the subject road has been removed sometime in the month of March, 2008. Although, counsel for the petitioner disputes the correctness of the statement made in the counter affidavit, nothing has been shown to us that may persuade to hold otherwise. 4. We are, thus, satisfied that in view of the statement made in the counter affidavit filed by respondent no. 3, nothing further is required to be done in this writ petition. 5. This writ petition is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-