IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14902 of 2005 KRISHAN PRASAD CHAURASIYA Versus THE STATE OF BIHAR & ORS ----------- 5 25.11.2009 I.A. No.5996 of 2008 has been filed for substituting the name of Rajesh Kumar Chaurasiya in place of the petitioner Krishan Prasad Chaurasiya who died during the pendency of this writ petiion on 28.7.2008. For the reasons stated in the Interlocutory application, it is allowed and the name of the petitioner Krishan Prasad Chaurasiya be deleted from the records of the case and be substituted by his son Rajesh Kumar Chaurasiya. Learned counsel for the petitioner submits that the respondent no.5 has encroached public road in village Aawraiya Barai Tola, P.S. Mufassil, District West Champaran which had also affected the petitioner’s rasta. He further submits that the Circle Officer has noticed the aforesaid encroachment and has written to the Officer-Incharge on 20.6.2005 for removal of the encroachment. The respondent no.5 has also filed an appeal before the Collector, West Champaran which too was dismissed. It appears that the father of the substituted petitioner had filed various representations to the authorities for implementation of the order of the Circle Officer dated 20.6.2005 which remained unaltered in appeal before the Collector. 2 KHAN After hearing counsel for the parties, this court is of the view that if the petitioner files a fresh representation before the S.D.O. West Champaran, Bettiah, who will dispose of the same within a period of two months from the date of receipt of the same after giving due notice to respondent no.5. In case the S.D.O. finds that respondent no.5 has made encroachment of public land, he will pass appropriate order for removing of the same. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)