IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.6766 OF 2008 RAM NANDAN MAHTO, SON OF BHARI MAHTO, RESIDENT OF VILLAGE RAHIMPUR, PYAREPUR, POLICE STATION GHATAHO, DISTRICT SAMASTIPUR VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, SAMASTIPUR 3. THE DISTRICT PANCHAYATI RAJ OFFICER –CUM- DEVELOPMENT OFFICER, SAMASTIPUR 4. THE BLOCK DEVELOPMENT OFFICER, VIDYAPATI NAGAR, SAMASTIPUR 5. THE CIRCLE OFFICER, VIDYAPATI NAGAR (DALSINGSARAIA), SAMASTIPUR 6. THE MUKHIYA, GRAM PANCHAYAT RAJ RAHIMPUR, POLICE STATION GHATAHO, DISTRICT SAMASTIPUR ********* 3 20/10/2011 The petitioner is aggrieved by the fact that 04 decimals of the petitioner’s land of khata no. 1384, 1387 & 1388 (new khata no. 1924, 1925, 1926, 1927, 1928) has been encroached upon by the State Authorities for the purpose of construction of a road. Counsel for the State has instructions on the basis of which it is submitted and stated that the allegations are completely wrong and baseless as the lands have been measured by the Anchal Amin through the Circle Officer, Vidyapatinagar which would indicate that there is no encroachment on the plot. In fact, the road is situated on plot no. 955 (new). Counsel for the petitioner submits that the measurement did not take place in his presence and as 2 such he has no faith in the statement made on behalf of the State regarding the measurement. In the circumstance, the Circle Officer is directed to get the measurement done afresh in presence of the petitioner within a period of three months from the date of receipt/production of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)