IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3476 of 2001 DHARAMDEO RAI Versus THE STATE OF BIHAR & ORS ----------- 3 20.1.2009 From two orders under challenge passed under the provision of Bihar Public Land Encroachment Act it is absolutely clear that the land in question is recorded in the Khatiyan as Gairmazarua Aam Rasta and the petitioner out of that land of Road measuring six katha and nine dhoors in plot no. 1789 in the village Hathopur, has encroached an area of two katha and eight dhoors. In the writ application, there is however no denial to the fact with regard to the entry of the land in question being Gairmazarua Aam Land and the only plea is that it has no longer remained portion of the road rather the petitioner has made his Dalan by the side of the road and no one else is affected on this score. Such explanation in fact can hardly be a justification for encroachment of a public land and that too part of a road. This aspect of the matter infact has been considered by both the original authority and the appellate authority at length in the impugned orders and this Court would not find any error in them. That being so, this application is wholly misconceived and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)