IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6985 of 2008 PRAVIN KUMAR BHAGAT, son of Late Harikant Bhagat, Resident of Village Ghthulli, P.S. Keoti, District- Darbhanga ……… Petitioner Versus 1. THE STATE OF BIHAR 2. The Collector, Darbhanga 3. The Deputy Development Commissioner, Darbhanga 4. The Executive Engineer, Rural Engineering Organization, Darbhanga 5. The SDO, Sadar, Darbhanga 6. The C.O. Keoti, District Darbhanga 7. Sri Keshav Chandra Chaudhary, Contractor, R/O Village Chahuta, P.S. Kamtaul, District Darbhanga, presently residing at Mohalla Bangali Tola P.S. Laheriasarai, District- Darbhanga 8. Bhupendra Yadav S/O Late Ras Bihari Yadav 9. Munni Mandal S/O not known to the petitioner, both are resident of village Dahipur, P.S. Keoti, District- Darbhanga …………… Respondents. For the petitioner :- Manoj Kumar Jha, Advocate For the State:- Mr. Anil Kumar Jha, G.A. 2. ----------- 3. 20.10.2008 Heard learned counsel for the parties. The petitioner has approached this Court for a direction upon the respondents to remove the encroachments made over the Khatiyani lands of the petitioner and his other co-sharers and to construct the road after removing the encroachment on Khesra No. 3528. Learned counsel for the petitioner refers to the counter affidavit filed on behalf of official respondents nos. 1,2,3,5 and 6 in which it is stated that the Government road does not encroach upon the lands of the petitioner but some soil lying on the flank of the said - 2 - road has been scattered in rainy season on the raiyati land of the petitioner bearing plot no. 2835. Learned counsel submits that the respondents should be directed to remove the said soil from his land as earlier when the writ petitioner had made an attempt to remove the same he and his men were beaten up by the contractor for which a criminal case has also been filed. The writ application is accordingly disposed of with a direction to the respondents to remove whatever soil that has fallen/kept admittedly on the land of the petitioner in the process of road construction within a period of two months from today. Let a copy of this order be handed over to learned Government Pleader No. 2. S.Pandey (Ramesh Kumar Datta, J.)