IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11181 of 2010 With Interlocutory Application No. 5594 of 2011 ====================================================== Gorakh Nath Tiwari, S/O Nathuni Tiwari, R/O Vill Goharua, P.S.Tarari, Distt-Bhojpur .... .... Petitioner Versus 1. The State f Bihar 2. District Magistrate Bhojpur 3. Sub-Divisional Magistrate Piro, Bhojpur 4. Circle Officer Cum B.D.O., Piro, Bhojpur 5. Halka Karamchari, Gram Panchayat Jethwar, Bhagalpur .... .... Respondents ====================================================== Appearance : For the Petitioner : Ms. Alka Verma, Advocate. For the Respondent/s : Mr. Bibhakar Tiwary, AC to SC-21. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 12 14-03-2012 This petition under Article 226 of the Constitution is filed by one Gorakh Nath Tiwari, resident of village-Gaharua, P.S. Tarari, District- Bhojpur in respect of the encroachment made on the public road of the village. By order dated 21st September 2010 made by this Court (Coram: The Chief Justice and Mr. Justice Jyoti Saran), a direction was issued to the Circle Officer, Tarari, Bhojpur to Patna High Court CWJC No.11181 of 2010 (12) dt.14-03-2012 2 / 2 2 remove the encroachment. Liberty was given to the petitioner to revive the petition if the encroachment were not removed by the Circle Officer. The petitioner has exercised the liberty to revive the writ petition. Since the revival of the writ petition, the Circle Officer, Tarari has made affidavit indicating that the encroachment over Plot nos. 659 and 674 had been removed and that there was no encroachment over Plot no. 707. This statement is controverted by the writ petitioner. The writ petitioner asserts that the encroachment is partially removed. The entire encroachment is yet not removed. In view of the disputed questions raised in the present petition, the petition is disposed of. The petitioner may avail of the statutory remedy for removal of encroachment from the public land. Subject to the above observation, the writ petition and the Interlocutory application are disposed of. BTiwary/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)