IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5683 of 2006 ABHIMANYU PRASAD SINGH, SON OF ARJUN PRASAD SINGH, RESIDENT OF VILLAGE SARABE, POLICE STATION KHAJAULI, DISTRICT MADHUBANI. . Versus 1. THE STATE OF BIHAR 2. COLLECTOR, MADHUBANI, DISTRICT MADHUBANI. 3. SUB-DIVISIONAL OFFICER, MADHUBANI SADAR, DISTRICT MADHUBANI. 4. BLOCK DEVELOPMENT OFFICER CUM CIRCLE OFFICER KHAJAULI, DISTRICT MADHUBANI. ----------- 03. 25.03.2011 Heard learned counsel for the petitioner, the State. Also perused the counter affidavit filed by the Circle Officer, Khajauli, Madhubani. 2. Petitioner is the raiyat of plot nos.1316, 1317 appertaining to khata nos.267, 186 of village Sarabe, police station Khajauli in the district of Madhubani. This writ petition has been filed asserting that portion of the aforesaid plots has been used for extending the road laid over plot no.1227. In the counter affidavit it is admitted that portion of road bearing plot no.1227 has been encroached by M/s Raj Kumar Sah and Ram Chandra Ram and for removal of encroachment, Encroachment Case No.14 of 2005-06 has been initiated against M/s Raj Kumar Sah and Ram Chandra Ram who have already been issued notice dated 25.2.2006, copy whereof is contained in Annexure-C to the counter affidavit. 3. Having heard counsel for the parties, I direct the Circle Officer, Khajauli to measure plot nos.1316, 1317 appertaining to khata nos.267, 186 and if any portion thereof is used for the purposes of widening the road laid over plot no.1227 2 then to remove such road from the two plots of the petitioner and to maintain the same over the portion of the road which is under encroachment by M/s Raj Kumar Sah and Ram Chandra Ram after the same is removed. In compliance of this order road laid over the lands of the petitioner be removed, as early as possible, in any case within one month from the date of receipt of a copy of this order. Within the same time encroachment of the road made by M/s Raj Kumar Sah and Ram Chandra Ram shall also be removed. 4. The writ application is, accordingly, disposed of. Rajesh/ ( V.N. Sinha, J.)