IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16356 of 2009 ANIL KUMAR YADAV, SON OF MAHESHWAR YADAV RESIDENT OF VILLAGE BALUAHI, WARD NO.24, P.S. & DISTRICT KHAGARIA. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, KHAGARIA. 3. THE SUB-DIVISIONAL OFFICER, KHAGARIA. 4. CIRCLE OFFICER, KHAGARIA, DISTT. KHAGARIA. 5. THE CHAIRMAN, KHAGARIA MUNICIPALITY, KHAGARIA. 6. MANOHAR YADAV, SON OF CHHOTE LAL YADAV RESIDENT OF VILLAGE BALUAHI, P.S. & DISTRICT KHAGARIA. ----------- 05. 06.01.2011 Heard learned counsel for the petitioner, the State as also counsel for respondent nos.5 and 6, the Chairman, Khagaria Municipality, whose father according to the petitioner has encroached the portion of the road bearing plot no.211 for which Encroachment Case No.05 of 2008-09 has been initiated by the Circle Officer, Khagaria. 2. It is submitted on behalf of the petitioner that during the pendency of the Encroachment Case No.05 of 2008-09 the road is being metalled by the Khagaria Municipality and while metelling the road portion of the lands of the petitioner bearing plot no.218 is likely to be taken within the road as earth filling work is being done on the said portion. It is further submitted that in public interest the authorities in order to facilitate the metelling of the road dispose of the Encroachment Case No.05 of 2008-09 at the earliest. 3. Counsel for respondent nos.5 and 6, however, states that road is being laid on such portion which is used as a road for quite some time before, for the present only metelling work is being done 2 without disturbing the possession of any of the residents who are residing by the side of the road including the petitioner. In this connection, he also submitted that there is old culvert situate on the road and the road is being metalled maintaining the alignment of the culvert. 4. In rejoinder counsel for the petitioner submitted that metalling of the road may be done maintaining the alignment of the culvert but from the report of the Anchal Amin contained in Annexure- 5 to this application, it is evident that portion of the road has been encroached and until such encroachment is removed there may not be complete metalling of the existing road. 5. Having heard counsel for the parties and having appreciated the rival submissions, I am of the view that metalling of the road may proceed on the undisputed portion, but it is in public interest that the encroachment dispute vide Encroachment Case No.05 of 2008-09 is decided at the earliest. Accordingly, I direct the petitioner to appear before the Circle Officer, Khagaria who is in sesin of the proceeding with a copy of this order. The Circle, Officer, Khagaria should proceed with the hearing of Encroachment Case No.05 of 2008-09 on day to day basis and conclude the same, as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the Circle Officer. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)