IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1215 of 2008 NIRMALA DEVI W/O SRI SHEO KUMAR @ SHEO KR. PRASAD, R/O VILLAGE-NARMA, P.S.-DULHIN BAJAR, DIST.-PATNA, AT PRESENT RESIDENT OF MOH:-VIR KUER SINGH COLONY, P.S.-MAGADH MEDICAL COLLEGE, TOWN AND DIST.-GAYA. ...................Petitioner Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, GAYA. 3. THE CIRCLE OFFICER, TOWN, DIST.-GAYA. 4. THE PRINCIPAL, A.N. MEDICAL COLLEGE, AND HOSPITAL, P.S. AND TOWN-GAYA. ...................Respondents ----------- 02 20.06.2011 Heard learned counsel for the petitioner, no body appears on behalf of the State. The petitioner's grievance is that he is purchaser of Plot Nos. 466 and 467 whereas as per the impugned order it appears that he has been asked to vacate the encroachment made on Plot No. 451. The petitioner's counsel categorically states that there has been no encroachment by the petitioner on Plot No. 451 and whatever construction has made and the possession retained by him is only with regard to Plot Nos. 466 and 467 which he has purchased (Photocopy of the registered sale deed has been made as Annexure-1 to the writ petition). Learned counsel for the petitioner fairly states that her purposes should be served if in her presence the disputed land/plot/structure is measured as per the records maintained by the State as well as the registered sale deed. He also undertakes that if it is found that there has been any encroachment on Plot No. 451 then he shall get the same removed at her own cost and deliver vacant possession to the State 2 authorities. In view of fair stand taken by the petitioner, this Court is inclined to direct the respondent no. 2, i.e. Collector, Gaya, to depute a competent person alonogwith amin and after giving notice to the petitioner get the said land in question demarcated and take consequential action accordingly. Let the petitioner file a representation before the respondent no. 2, i.e. Collector, Gaya, alongwith a certified copy of this order within four weeks from today. If, the same is filed, the Collector, Gaya, shall ensure that the measurement in presence of the parties specially the petitioner is done within four weeks thereafter of which at least two days prior notice be given to the petitioner. The learned counsel for the petitioner undertakes that he will co-operate in the said exercise. Accordingly, this writ petition is stands disposed off with the aforesaid directions. Safik (Ahsanuddin Amanullah, J.)