IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10281 of 2008 Binda Devi, Wife of Sri Birendra Bahadur Rai, Resident at Lalkotha Road, Katihar, P.S. and District Katihar at present Ward No. 2, Kishanganj. ----- Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Katihar. 3. The Additional Collector, Katihar. 4. The Sub-divisional Officer, Katihar. 5. The Special Officer, Municipality, Katihar. 6. The Chairman, Municipality, Katihar. 7. Chandra Dev Paswan, Son of Late Ghanna Paswan. 8. Nitya Nand Paswan, Son of Late Ghanna Paswan. 9. Vishundeo Paswan, Son of Late Ghanna Paswan. 10. Ramchandra Paswan, Son of Late Ghanna Paswan. 11. Mahendra Choudhary, Son of Late Kamal Pd. Choudhary. 12. Nan Gopal Prasad, Son of Late Shivnarayan Bhagat. 13. Rekha Devi, Wife of Surendar Nath Paswan Respondent Nos. 7 to 13 are resident at Lalkothi Road, Katihar, PS & District Katihar --- Respondents For the petitioner :- Mr. Pankaj Kumar Sinha, Advocate Mr. Diwakar Sinha, Advocate For the State :- Mr. Iqbal Asif Niazi, A.C. to G.P. 4 ----------- 4 19.9.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the fact that his ingress and egress to his plot of land numbered as 308 has been encroached by persons who have built their shops etc. on the public road which is shown as Plot No. 303. The Amin by an enquiry held on 9.8.2004 has stated that there is no encroachment on Plot No. 303. It is also stated that there is another road which is on the right side of map which is water logged with rain water, therefore, the petitioner cannot get it measured for the purposes of utilizing as a road. This Court is well aware of the fact that by-lanes situated in the towns or elsewhere are widely misutilized and the authorities 2 take no steps for removing the encroachment such as shops, thelas, huts and other type of constructions made on the road. I, therefore, direct that the District Magistrate, Katihar should get an enquiry held by some responsible person and take all steps to remove any encroachment on the public road which is numbered as 303. The petitioner is directed to produce a copy of this order along with his grievances, Annexure-A along with a map annexed before the District Magistrate, Katihar who shall pass an order within a period of four months from the date of receipt/production of a copy of this order. Since the road in question i.e. Lalkotha road in Ward No. 3 is in the main town, the District Magistrate, Katihar should personally visit the area unannounced to ascertain whether there is an encroachment on the public road. This writ application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)