IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9745 of 2006 Ram Rekha Tiwary son of late Raghunath Tiwary, resident of village-Barwat Pasrain, Police Station -Bettiah (Muffasil), District-West Champaran at Bettiah. ….Petitioner. Versus 1. The State of Bihar 2. The District Magistrate-cum Collector, West Champaran at Bettiah. 3. The Sub. Divisional Magistrate, Bettiah Sadar, District-West Champaran at Bettiah. 4. The Circle Officer, Bettiah Circle, District-West Champaran, at Bettiah. 5. The Circle Inspector, Bettiah Circle, District-West Champaran at Bettiah 6. Awadh Kishore Tiwary, son of Late Indradeo Tiwary, resident of village- Barwart Pasrain, Police Station-Bettaih (Muffasil), District-West Champaran at Bettiah. ….Respondents. ---------------------------------- 5. 01.12.2011 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent No. 6. The writ petition has been filed for a direction to the respondents to implement the order passed by the Anchal Adhikari on a petition filed by some persons for removal of encroachment in totality. The S.D.O., Bettiah, had endorsed the petition on 29.05.2002 to the Anchal Adhikari for looking into the matter and taking appropriate action for removing any encroachment. Learned counsel submits that pursuant to such direction, some portion of the house of the petitioner has been demolished though he submits that the same has also been done erroneously, but his main grievance is that when it was also held by the respondents that respondent No. 6 2 had also encroached, no removal of the encroachment made by him was done and the petitioner has been singled out for extraneous considerations. He submits that the authorities be directed not to discriminate and deal with the petitioner as well as respondent No. 6 with an even hand. Considering the facts and circumstances of this case, the writ petition stands disposed off with a direction to the Sub-divisional Magistrate, Bettiah Sadar to look into the matter and ensure that if encroachments have been found to exist on the land in question then the same be removed in accordance with law. Let the same be done within a maximum period of three months from the date of production/receipt of a copy of this order upon him. He shall ensure that the encroachment is removed in its entirety and no pick and choose or discrimination is made in the matter in whatsoever manner. The respondent No. 3 shall also, if required, get the lands measured in presence of the parties. Saif/- (Ahsanuddin Amanullah, J.)