IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9472 of 2005 Brij Kishore Ram son of Sri Gyani Ram, Resident of Village- Sikanderpur P.S. G.B. Nagar, Anchal Barharia, District- Siwan. Versus 1. The State of Bihar. 2. The District Magistrate/Collector, Siwan. 3. The Sub-Divisional Officer, Siwan. 4. The Circle Officer, Barharia, District- Siwan. 5. Birendra Singh Son of Late Basant Thakur, resident of Village Sikanderpur Anchal Barharia, District- Siwan. ----------- 2. 09.11.2011 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the private respondent no. 5. The writ petition was originally filed for a direction to the State authorities to remove encroachment made by respondent no. 5 in Village- Sikanderpur on land used by the public as road which was entered in the revenue records as Gair Mazaruwa Malik Parti Kadim Garha Land. Learned counsel for the petitioner fairly states that after filing of the present writ application there was an enquiry by the revenue authority who found that the private respondent was the encroacher and accordingly notice was given to the said encroacher. Against this the private respondent moved before the Civil Court of competent jurisdiction by filing a suit with regard to declaration of right and title over the land. According to the learned counsel for the 2 petitioner there is no interim order in the suit but still the encroachment continues. Considering the rival contentions, the writ petition is disposed off with a direction to the respondents no. 2, 3 and 4 to look into the matter and ensure that if there is any encroachment on any public land then the same should be removed within one month from the date of recipt/production of a copy of this order upon them. The concerned respondents would verify the facts whether there is any order of stay or injunction in the suit. If that be the position, then the law will take its own course and the authorities will be obliged to obey the decision of the Court. Anand Kr. (Ahsanuddin Amanullah, J.)