IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16141 of 2009 Shivbachan Pandey, son of Late Ganesh Pandey, village Jhujharpur, PS Nouan, Dist. Kaimur at Bhabhua – Petitioner. Vs. 1) The State of Bihar, 2) The Dist. Magistrate, Kaimur. 3) The Subdivisional Officer, Mohania, Kaimur. 4) The Block Dev. Officer, Nouan, Kaimur. 5) The Circle Officer, Nouan, Kaimur. 6) Mahendra Singh, 7) Munna Singh @ Ravindra Pratap Singh, sons of Late Ram Murat Singh, village Jhujharpur, PS Nouan, Dist. Kaimur – Respondents. 4 29.9.2011 Heard learned counsel for the petitioner and the State. The case of the petitioner is that respondents 6 and 7 have encroached upon the village road which runs in between the house of the petitioner and respondents 6 and 7. An encroachment proceeding was initiated and measurement was done. According to the measurement report contained in Annexure 1, it would appear that the respondents had encroached upon the land and built their houses on the village road. The petitioner have prayed that the order of the Circle Officer for removal of the encroachment should be implemented. The case of the respondents is that they were never noticed at the time of measurement. It is submitted that although they have filed an application for measurement they did not get a any notice and were not present at the time of the measurement. It is further submitted that they have filed an appeal in 2010-11. The appellate authority is directed to condone the delay if any in filing the appeal and decide this matter finally so that this disputes may come to an end. I would also suggest to the 2 appellate authority that on appearance of the petitioner, a date may be fixed for the measurement in the presence of both the parties by the Circle Officer of the block and in presence of Officer Incharge of the concerned P.S. and respondents 6 and 7. If respondents 6 and 7 or for that matter the petitioner absent themselves on the date on which measurement is done, they will not be entitled to raise this issue, that they were not given opportunity to be present at the time of measurement. The petitioner and the respondents are directed to produce a copy of this before the Collector, Kaimur within one month. The date of measurement should be fixed and the Collector should thereafter pass an appropriate order on the basis of the measurement report as expeditiously as possible. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)