IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17708 of 2009 Jubair Alam, son of Late Vakil Ansari, village Rajopatti, PS and District Sitamarhi – Petitioner. Vs. 1) The State of Bihar, 2) The Chief Secretary, Bihar, Patna. 3) The Secretary, Ministry of Welfare, Bihar, Patna. 4) The Dy. Secretary, Ministry of Minority Welfare, Bihar, Patna. 5) The Secretary, State Minority Commission, Bihar, Patna. 6) The Commissioner, Tirhut Division, Muzaffarpur. 7) The Dist. Magistrate, Sitamarhi. 8) The Supdt. Of Police, Sitamarhi. 9) The Dy. Dev. Commissioner, Sitamarhi. 10) The Dist. Welfare Officer,Sitamarhi. 11) The Subdivisional Officer, Sitamarhi. 12) The Block Dev. Officer, Dumra Block, Dist. Sitamarhi. 13) The Block Dev. Officer, Parsauni Block, Dist. Sitamarhi. 14) The Block Dev. Officer, Riga Block, Dist. Sitamarhi. 15) The Block Dev. Officer, Bathnaha Block, Dist. Sitamarhi – Respondents. 3 29.9.2011 Heard learned counsel for the parties. The petitioner has filed this writ petition praying therein for a direction to the respondent authorities to remove the encroachment from the grave yards of Rajopatti and Mirzapur village Dumra Block, south and north grave yard of village Parsauni of Bathnaha block in the district of Sitamarhi. A counter affidavit has been filed in this case on behalf of the Secretary, Ministry of Welfare, Bihar in which it is stated that vide notification dated 16.1.1969 an amendment of the Executive Rules was made vide notification No. GSR-03, dated 16.1.1979 and amendment of the Executive Rules vide notification no. 602, dated 20.3.2007 and the matters relating to grave yards and maintenance of grave yards has been transferred to the Department of Home (Special Branch). 2 In this case there are two issues. One is with respect to measurement of the property belonging to the grave yards and the next issue is of maintenance and construction of the boundary wall. Regarding the issue of encroachment, the District Magistrate, Sitamarhi would be the appropriate authority to remove the encroachment. As far as the matter relating to construction of boundary wall is concerned, that too would be perhaps with the recommendation of the District Magistrate. The District Magistrate should take all steps for removal of the encroachment and if he finds that the lands of grave yards have been encroached by unauthorized persons, he should take appropriate steps in this regard in accordance with law within four months from the date of receipt of a copy of this order. The petitioner may also file a representation before the District Magistrate, Sitamarhi as well as before the Special Branch of Home Department to consider allotment of funds for construction of the boundary wall provided it is a public grave yard. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)