IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4507 of 2008 1) Surya Deo Singh, 2) Suryanath Singh, both sons of Moti Lal Rai, 3) Rajkumar Singh @ Raj Kumar, son of Moti Lal Rai, all of village Katar, Ps Indrapuri, Dist. Rohtas – Petitioners. Vs. 1) The State of Bihar, 2) Dist. Magistrate, Rohtas. 3) Additional Collector, Rohtas. 4) S.D.O., Rohtas. 5) Anchal Adhikari, Dehri On Sone, Rohtas. 6) Mukhia Gram Panchayat Raj, Bhataha, PS Dehri On sone, Dist. Rohtas. 7) Officer Incharge, Indrapur, P. S. Dehri On sone, Dist. Rohtas. 8) Chandrama Singh, 9) Surendra Singh, 10) Mahendra Singh, 11) Rajesh Singh, 12) Janeshwar Singh, all sons of Late Yodha Singh, all of village Katar, PS Indrapur (Dehri On sone), Dist. Rohtas - Respondents. 3 3.11.2011 Heard learned counsel for the petitioners and the State. There is a dispute over an alleged village road which is situated on plot no. 725, appertaining to khata no. 234 at village Katar. The district administration apparently removed the encroachment in a proceeding initiated vide Encroachment case No. 2/2007-08. It is alleged that respondents 8 to 12 have again encroached upon the said land. The petitioners alleges that although respondents 4 to 7 have stated in their counter affidavit that the encroachment had been removed on 28.7.2008, the private respondents have again encroached upon the said village road. The petitioners may bring this fact to the notice of respondent no.7, the Officer Incharge of Indrapur P.S. (Dehri On Sone) and the Subdivisional officer, Rohtas who should examine 2 as to whether there has been an encroachment after 28.7.2008 and if it is found that the private respondents have encroached on the land, suitable action should be taken in this matter. The private respondents have not been noticed in this case and, therefore, before any step is taken, the Subdivisional Officer is bound to hear them, if they have not been heard in this matter in Encroachment case No.2/2007-08. The petitioners are directed to bring a copy of this order to the notice of respondents Subdivisional Officer, the Anchal Adhikari and the Officer Incharge within one month. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)