IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8101 of 2006 DHARENDRA SINGH @ DHIRENDRA SINGH, SON OF SRI SHEOPUJAN SINGH, RESIDENT OF VILLAGE- KRISHNAPUR, P.O.- JUBRA, P.S. NOKHA, DISTRICT- ROHTAS :---PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, ROHTAS, SASARAM. 3. THE ANCHAL ADHIKARI, NOKHA DISTRICT- ROHTAS 4. MOTI LAL SINGH, SON OF SHIJAD SINGH. 5. DEO MUNI SINGH, SON OF SHREE MOTI LAL SINGH, BOTH RESPONDENTS 4 AND 5 ARE RESIDENT OF VILLAGE- KRISHNAPUR, P.S.- NOKHA, DISTRICT- ROHTAS :---RESPONDENTS. ----------- For the petitioner : Mr. Murli Manohar Singh, Advocate. For the State : Mr. J.P.Karn, A.A.G.-4. Mr. A.K.Dubey, A.C. to A.A.G.-4. ======= 4. 10.05.2011. Heard learned counsel for the petitioner and the State. 2. In compliance of the orders of this Court dated 4,9.5.2011 Circle Inspector, Incharge, Nokha has produced the record appertaining to removal of encroachment from the public land measuring 60 ft.X37ft. bearing Plot No. 330 appertaining to Khata No. 524 in Mauza Ghosiya within Krishnapur village of P.S. Nokha in the district of Rohtas, wherefrom it appears that encroachment from the aforesaid land was removed by the Circle Inspector under report 2 dated 07.06.2007 addressed to Circle Officer, Nokha but soon thereafter encroachment was again made over the land by Moti Lal Singh, son of Sahijat Singh and his sons thereby affecting the right of pathway of the petitioner. Having noticed the aforesaid encroachment the Circle Inspector submitted another report to the Circle Officer dated 11.04.2008 in compliance whereto a letter bearing no. 237 dated 12.04.2008 was written by the Circle Officer, Nokha to the Officer-in-Charge, Nokha asking him to ensure removal of the said encroachment. It is submitted on behalf of the petitioner that inspite of the aforesaid direction and similar other direction issued under Letter No. 142 dated 17.02.2011 encroachment from the aforesaid plot-in-question has not been removed which is clear indication of the collusion of the Circle Officer and others with Moti Lal Singh, son of Sahijat Singh and his sons. 3. Having heard counsel for the petitioner, State as also the Incharge Circle Inspector, Nokha, I 3 direct Circle Officer, Nokha to requisition a section of force and proceed to the spot for removing encroachment and report compliance of the action taken in the light of this order to the Collector of the district who shall also visit the spot for verifying the report submitted by the Circle Officer after clearing the encroachment made by Moti Lal Singh and his sons. Necessary compliance of this order be made and reported to the Collector as early as possible, in any case within one month from the date of receipt/production of a copy of this order before the Circle Officer, Nokha. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)