IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2608 of 2008 Anand Mohan Jha son of late Bimla Kant Jha resident of village- Laudhia, P.S. Panjwara, District- Banka. Versus 1. The State Of Bihar 2. The Secreatary, Health Department, Government of Bihar, Patna. 3. The Commissioner-Cum-Secretary, Rural Development Department, Government of Bihar, Patna. 4. The District Magistrate, Banka. 5. The Secretary-Cum-Civil Surgeon, District Health Centre, Banka. 6. The Deputy Collector Land Reforms, Banka. 7. The Sub-Divisional Officer, Banka. 8. The Block Development Officer, Barahatt, District- Banka. 9. Subhash Sah, son of Munni Sah, Resident of village- Laudhia, P.S. Panjwara, District- Banka. ----------- 3 05.07.2011 The petitioner has filed the present writ application for a direction to the respondents to demolish the construction of Sub-Primary Health Center, Laudhia, which is being constructed by encroaching about 774 kari (about 750 Sq. Ft.) public Road situated in front of the private land of the petitioner resulting into blocking of the exit of the petitioner and other villagers. In reply to the counter affidavit filed on behalf of the petitioner, the petitioner has claimed that his private land measuring 700 Sq. Ft. has also been encroached. It is submitted by learned counsel for the petitioner that he filed an application before the Mukhiya and the S.D.O., Banka but no action has been taken and only counter affidavit has been filed on behalf of the Secretary- 2 Cum-Civil Surgeon, District Health Center, Banka which only stipulates that the members of District Health Society have unanimously resolved to make construction.. It appears that the petitioner has also filed Encroachment Case No. 4397 of 2004. In that view of the matter, Sub-divisional Magistrate, Banka is directed to expedite the said encroachment proceeding, if it has already not been disposed of. With the above observation, this application is disposed off. Amrendra/- (Dinesh Kumar Singh, J.)