IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15385 of 2010 JAYNANDAN YADAV son of late Ganauri Yadav, resident of village Sahbajpur, PO Fatehpur, PS Tekari District- Gaya. ......Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Gaya 3. The Sub-divisional Officer, Tekari, Gaya 4. The Circle Officer, Tekari, Gaya 5. Akhilesh Bhagat 6. Ram Parikha Bhagat 7. Subedar Bhagat- respondent nos. 5 to 7 are sons of Sudheshwar Bhagat, resident of village Sahbajpur, PO Fatehpur Nepa, PS Tekari, Dist- Gaya ...Respondents ----------- 3 07-10-2010 Heard learned counsel for the petitioner and learned counsel for the State. The writ petition has been filed purporting to be in public interest seeking action against some private respondents, such as respondent no.5, so that they may be restrained from blocking a public road said to be existing on Gairmajaruwa Aam land in village Sahbajpur under circle and police station Tekari district Gaya. A number of documents and representations have been annexed with the writ petition including annexure-3, which is a representation addressed to the Circle Officer, Tekari, Gaya which bears date against the endorsement as 11-8-2010. In the facts of the case, this writ petition is disposed of giving liberty to the petitioner to file a representation before the Circle Officer, Tekari, 2 Gaya along with a copy of this order. On filing of such representation the Circle Officer will hold an enquiry and take suitable action for removal of encroachment from the public land, particularly, from a Rasta if made by any individual contrary to law. For this purpose the Circle Officer will initiate a proceeding under the Bihar Public Land Encroachment Act. It goes without saying that if a public Rasta is found to have been obstructed or encroached upon then such encroachment should be removed without any delay, preferably, within two months from the date of filing of the representation. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)