IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C.NO. No.4903 of 2010 1. Awadhesh Mishra S/O Late Laxman Mishra R/O Vill.- Panduka, P.O.- Tilokhar, P.S.- Chutia, Distt.- Rohtas, At Present Residing Quarter No. M-18 At & P.O. Dalmianagar, P.S.- Dehri-On- Sone, Distt.- Rohtas (Bihar) Pin- 821305. Versus 1. The Union Of India Through The Director, Ministry Of Rural Development, Department Of Rural Development, Room No. 471, Krishi Bhawan, New Delhi 2. The State Of Bihar 3. The District Magistrate, Rohtas, Sasaram 4. The District Development Commissioner, Rohtas, Sasaram 5. The Sub Divisional Officer, Dehri-On-Sone, Rohtas 6. The Circle Officer, Nauhatta Block, Distt. Rohtas 7. The Executive Engineer, Rural Work Department (R.W.D.), Works Division No. 2, Rohtas, Sasaram 8. The Junior Engineer (Site), Nauhatta Block, Distt.- Rohtas 9. Shri Rakesh Choubey S/O Ram Chandra Choubey Canal Road, Jaki Bigha, At+P.S. And P.O.- Dehri-On-Sone, Distt.- Rohtas (Bihar) ---------------- For the petitioner : Mr.Diwakar Prasad Sinha, Advocate For the State : Mr.D.C.Singh, AC to GP-5 For the Union of India ---- : Mr. Kalyan Shankar,Advocate. ------------ 3. 05.8.2011. Heard learned counsel appearing on behalf of the parties. The petitioner has come before this court complaining encroachment on plot no.840, khata no.91 to the extent of 33 kadis by the respondent authorities in the execution of the work of construction of Pulia under the Pradhan 2 Mantri Gram Sadak Yojna. The matter was inquired into on the complaint made by the petitioner before the Deputy Development Commissioner and a report was submitted by the Circle Officer, Nauhatta on 19.6.2009 admitting encroachment over plot no.840 of the petitioner. The Pulia was found to be situated on the land of the petitioner without obtaining his permission and without any acquisition proceeding and thus was without any sanction of law. The matter was earlier taken up on 8.7.2011 when time was granted to the respondents to seek instructions and file counter affidavit and thereafter, it has been taken up today. Although learned counsel for the State as well as the Union of India jointly submit that they have not yet received any instructions in the matter but Mr. Sinha, learned counsel for the petitioner, submits that the respondents, realizing their mistake in view of the report given by the Circle Officer, Nauhatta dated 19.6.2009, have already taken up the work of removal of the Pulia and which has been carried out to a large extent. 3 Considering the submission made by learned counsel for the petitioner, no purpose would be served in keeping this matter pending. As according to the learned counsel for the petitioner himself, the respondent authorities have initiated the process of removal of the ‘Pulia’ in question, the writ petition is disposed of with direction to the respondents to complete the process of removal of the remaining portion of the Pulia from the plot of the petitioner bearing Plot no.840 within a period of three months from the date of receipt/production of a copy of this order. ahk (Jyoti Saran, J.)