IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12664 of 2008 RAMBINAY SHARMA @ RAM BINAY, SON OF GAYA SHARMA, RESIDENT OF VILLAGE- KONCH, P.S.- KONCH, DISTRICT- GAYA:--PETITIONER . Versus 1.THE STATE OF BIHAR 2. THE COMMISSIONER, MAGADH RANGE, GAYA. 3. THE DISTRICT MAGISTRATE, GAYA. 4. THE EXECUTIVE ENGINEER, ROAD CIRCLE NO. 1, GAYA. 5. SUB-DIVISIONAL OFFICER, TEKARI, GAYA. 6. THE EXECUTIVE ENGINEER, CENTRAL PUBLIC CONSTRUCTION DEPARTMENT, GAYA. 7. THE CIRCLE OFFICER, KONCH, GAYA :---- RESPONDENTS. ----------- For the petitioner : M/S Sanjeev Kumar & Vishwanand Upadhyay, Advocates. For the State : Mr. Krishna Chandra Jha, A.C. to S.C.-IV. ====== 4. 05.01.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the action of the State-respondents that they have extended the metal portion of the road bearing Plot No. 5330 to the boundary of his plot bearing no. 5754 and 5761 as on the eastern side of the road residents of Plot Nos. 5319, 5320 and 5321 have encroached portion of the road bearing Plot No. 5330 which is meant to be used as the flank of the said road. 3. From the counter affidavit it appears that the authorities have instituted Encroachment Case No. 09/2008-09 for removal of the encroachment of the aforesaid road by the residents of Plot Nos. 5319, 5320 and 5321. - 2 - Order-sheet of the aforesaid proceeding is contained in the counter affidavit as Annexure-A. 4. Having heard counsel for the parties, I dispose of this writ petition directing the State authorities to ensure removal of the encroachment from the eastern flank of road bearing Plot No. 5330 at the earliest, in any case within a period of three months from the date of receipt/production of a copy of this order before the Circle Officer, Konch and after removal of the encroachment the metal portion of the road be further shifted to the east of the road so as to provide space for the western flank on the western side of the road. P.K.P. (V.N.Sinha,J.)