IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15800 of 2005 Zila Parishad Aurangabad through Deputy Development Commissioner-cum-the Chief Executive Officer. Versus 1. The State of Bihar 2. The District Magistrate, Aurangabad. 3. The Executive Engineer Public Works Department, Aurangabad. 4. Sheo Narain Prasad Jaiswal son of Late Nathuni Narain Jaiswal, resident of Mohalla- Lalpur, P.S. Lalpur, District- Ranchi (State of Jharkhand) 5. Ran Vijoy Singh Son of Late Rajblabh Singh, Resident of Mohalla- Maharanganj, P.S. Aurangabad, Town District- Aurangabad. ---------------------------------- 3. 30.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. The writ petition has been filed by the Zila Parishad, Aurangabad for quashing of the order passed by the District Magistrate, Aurangabad by which certain shops which, according to the petitioner, have been built on its own land have been directed to be demolished. Learned counsel for the petitioner submits that the said shops have been built on the land of the Zila Parishad and the same have not been built on any public road either of the Zila Parishad or the P.W.D. His grievance is that the order has been passed without spot verification or actual measurement in the presence of the parties concerned. Learned counsel for the State submits that 2 from the pleadings the encroachment is on a road of P.W.D. and as such the same cannot be allowed to stand. Learned counsel for the petitioner by reply submits that no such shop has been built on any road be it the Zila Parishad or the P.W.D. and thus there cannot be any encroachment on the public road. He further submits that the shops in question are built on the land of the Zila Parishad which is not used as road. Considering the facts and circumstances of the case the writ petition stands disposed off with a direction to the District Magistrate, Aurangabad to get the land in question measured and demarcated in the presence of all the parties concerned. Only upon specific findings of fact arrived at after local inspection and measurement, the District Magistrate, Aurangabad shall proceed further in the matter. Learned counsel for the petitioner agrees that if any construction is found on a road the same shall be removed for which the petitioner shall not object. Let the exercise be completed within three months from the date of receipt/production of a copy of this order upon the District Magistrate, Aurangabad. Anand Kr. (Ahsanuddin Amanullah, J.)