IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13074 of 2010 Ram Bilash Prasad, Son of Late Baidnath Prasad, Resident of Village Dibbi, P.S.M.H. Nagar Hasanpura, District Siwan. ------ Petitioner. Versus 1. The State of Bihar. 2. Collector, Siwan. 3. Additional Collector, Siwan. 4. Sub Divisional Officer (Civil), Siwan. 5. Sub Divisional Officer (Civil), Maharajganj, Siwan. 6. Circle Officer, Duraundha, Siwan. 7. Circle Officer, M.H. Nagar Hasanpura, Siwan. 8. Superintendent of Police, Siwan. 9. Officer-in-Charge, M.H. Nagar, P.S. Hasanpura, Siwan. 10. Harekrishna Pandit, Son of late Ramprit Pandit. 11. Sushil Pandit, Son of Harekrishna Pandit. 12. Chhatish Pandit, Son of Late Ramlakhan Pandit. 13. Ramkishore Pandit, Son of Late Ramlakhan Pandit. 14. Nandkishore Pandit, Son of Late Ramlakhan Pandit. 15. Bhola Pandit, Son of Late Ramlakhan Pandit. Respondent nos. 10-15 are residents of village Dibbi, P.S. M.H. Nagar, Hasanpura, District Siwan. ------ Respondents. ---------------------------------- 2 22.12.2011 This writ application has been filed for a direction that the private respondent nos. 10 to 15 should remove encroachment from the village road. A counter affidavit has been filed on behalf of the State wherein there is a statement that the concerned road is not a village rather it is a SIWANA land used for communication by the villagers. The petitioner had entered into an understanding with respondent nos. 10 to 15 to leave part of their land so that it could be amalgamated with the SIWANA land to create a motorable 2 road connecting the two villages in the East- West direction. Subsequently, the petitioner did not abide by the agreement and did not leave some part of his own land to be amalgamated with the SIWANA land. It has also been stated that the petitioner purchased a piece of land from respondent nos. 10 to 15 on 9.12.2010 by a registered deed executed by Dhup Nath Parit in favour of Musmat Sanjharia Kunwar the mother of the petitioner for the purpose of construction of road. According to the State authorities, there is no encroachment by the respondent nos. 10 to 15. In view of the counter affidavit filed on behalf of the State, I find no merit in this writ application and it is dismissed as such. Sanjay (Sheema Ali Khan, J.)