IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6426 of 2010 ====================================================== 1. Kanhaiya Singh S/O Late Ramchandra Singh R/O Mohalla- Agarwa, P.S.- Motihari Town, Distt.- Motihari .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector, East Champaran At Motihari 3. The Block Development Officer, Motihari 4. The Circle Officer, Motihari 5. The Sub-Divisional Officer, Sadar, Motihari 6. Bhagya Narain Choudhry S/O Late Sita Ram Choudhry R/O Mohalla- Sri Krishna Nagar, P.S. Motihari Town, Distt.- Motihari .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Pandey For the Respondent/s : Mr. (GP4) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 4 15-12-2011 Heard Counsel for the petitioner and the State. The petitioner’s land is situated at Khata No. 23, Plot No. 85 Ward No. 32, measuring 15 decimals. In front of the house of the petitioner is a public road. The allegation on behalf of the State is that the petitioner had encroached upon the public road, whereas the case of the petitioner is that a NALA has been constructed on the public road whereas the petitioner is well within the boundaries of his own lands. Counsel for the petitioner, however, submits that the respondent no. 8, namely, Bhagya Narain Choudhary has also encroached upon the public road, however, the Municipal Patna High Court CWJC No.6426 of 2010 (4) dt.15-12-2011 2 / 2 2 authorities and /or the Circle officer is not taking any action against him. In the supplementary affidavit, it appears that a notice was issued to respondent no. 8, Bhagya Narain Choudhary on 03.09.2011 under the Land Encroachment Act from the Municipal Corporation, Motihari. The authorities concerned should ensure that the encroachment should be removed from the public road, which is over plot no. 83. The question as to who has encroached upon the public lands, which is the road, can easily be determined by measuring the aforesaid plots of land in presence of the parties and thus put an end to the controversy. This writ application is thus disposed of with the direction to the concerned authorities , be it the Municipal Authorities or the State Authorities, to ensure that the public land i.e. plot no. 83 should remain free from any encroachment. Prabhakar Anand/- (Sheema Ali Khan, J)