IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8239 of 2008 (1) Sudama Devi, wife of Late Bifan Rajak, (2) Saleha Khatoon, wife of Nabi Jan Ansari, (3) Jhunnu Mian @ Md. Kevammuddin, son of Shafique Mian, all of Mohalla East of Creane School, New Karim Ganj, PS Civil Lines, District Gaya – Petitioners. Vs. 1) The State of Bihar through the Collector, Gaya. 2) The Commissioner, Magadh Division, Gaya. 3) The Collector, Gaya. 4) The Subdivisional Officer, Sadar, Gaya. 5) The Circle Officer, Chandauti (Town) Block, Gaya – Respondents. 4 11.11.2011 Heard learned counsel for the petitioners and the State. The petitioners have challenged Annexure 1 which is the order passed by the Circle Officer wherein he has found that the petitioners and several others have encroached upon plot nos. 13276 and 13337 by making certain constructions over the said land which belongs to the State Government. The said plot of land i.e. 13276 and 13337 is road and Nala. Encroachment over public land has created nuisance for the members of the locality and as such steps are being taken to remove the encroachment. Counsel for the petitioners submits that they are in possession of plot no. 13275 through a Hukumnama granted to them in 1945 by Rani Bhuneshwari Kuer of Tekari Estate. According to the petitioners 7 ½ decimals of land was settled in their favour. In view of the aforesaid facts, the Circle Officer is directed to get measurement done of plot nos. 13276 and 13275 after noticing the petitioners and thereafter take steps for removal 2 of the encroachment if any. It is made clear that the petitioners cannot raise an issue that they did not participate in the measurement. The petitioners would be at liberty to appoint their own Amin as well, in order to determine the encroachment. Both the Amins will together measure the said plots for the purpose of determining whether the petitioners and others have encroached upon the land of the State. The petitioners are directed to produce a copy of this order before the Circle Officer within a month who will then fix a date for the measurement of the land in question. This writ petition is disposed of. haque ( Sheema Ali Khan, J .)