IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10266 of 2010 ====================================================== 1. Shiv Nath Singh S/O Late Sukhdeo Singh R/O Vill Brindavan Tola Siarua, P.S.Uchkagaon, Distt-Gopalganj .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector Cum District Magistrate Gopalganj 3. The Sub-Divisional Officer Gopalganj 4. The Deputy Collector , Land Reforms Gopalganj 5. The Circle Officer Thawe, Distt-Gopalganj 6. The Superintendent Of Police Gopalganj 7. The Officer-In-Charge Uchakagaon P.S., Distt-Gopalganj 8. Shri Chandrama Singh S/O Late Dev Narayan Singh R/O Vill Brindavan Tola Siarua, P.S.Uchkagaon, Distt-Gopalganj 9. Ram Eqbal Singh S/O Late Timal Singh R/O Vill Brindavan Tola Siarua, P.S.Uchkagaon, Distt-Gopalganj 10. Shri Bhagwan Singh S/O Late Timal Singh R/O Vill Brindavan Tola Siarua, P.S.Uchkagaon, Distt-Gopalganj 11. Parma Singh S/O Late Timal Singh R/O Vill Brindavan Tola Siarua, P.S.Uchkagaon, Distt-Gopalganj 12. Satyendra Singh S/O Late Timal Singh R/O Vill Brindavan Tola Siarua, P.S.Uchkagaon, Distt-Gopalganj 13. Harendra Singh S/O Late Timal Singh R/O Vill Brindavan Tola Siarua, P.S.Uchkagaon, Distt-Gopalganj .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Respondent/s : Mr. (GP 22) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 2 15-12-2011 This writ application has been filed for removal of encroachment from Khata No. 353, Plot No. 3149 at village Brindavan which is being used as the village road meant for the villagers. It is alleged that private respondents have occupied Patna High Court CWJC No.10266 of 2010 (2) dt.15-12-2011 2 / 3 2 more than half of the road by building their pilani etc. on the road. An encroachment proceeding was initiated and the respondents were issued notice. They appeared and an enquiry was held and thereafter the Circle Officer vide Annexure-2/5 dated 25.03.2010 passed an order asking the respondents to remove the encroachment within a period of one week. After the order of the Circle Officer was passed on 25.03.2010, the matter has remained in abeyance apparently for the reason that a new Circle Officer has joined at Thawe, Gopalganj who is taking no interest in the matter. It would appear that the respondents have not filed any appeal before the District Magistrate, Gopalganj against the order of the Circle Officer, Thawe. In the circumstances aforesaid, I do not understand why the Circle Officer, Thawe is not acting upon the order dated 25.03.2010 passed in Land Encroachment Case No. 02 of 2009-10. I direct that steps should be taken in accordance with law by noticing the respondents to remove their encroachment as per the order dated 25.03.2010 passed by the Circle Officer, Thawe. The petitioner is directed to produce a copy of this Patna High Court CWJC No.10266 of 2010 (2) dt.15-12-2011 3 / 3 3 order before the Circle Officer, Thawe as well as the District Magistrate, Gopalganj who will ensure that the public road on Khata No. 353, Plot No. 3149 and Thana No. 1055 is kept free from encroachment. This writ application is accordingly disposed of. Prabhakar Anand/- (Sheema Ali Khan, J)