IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17099 of 2009 1. VISHWANATH DUBEY, S/O SHRI SHIV PRATAP DUBEY, 2. BIMLESH KUMAR DUBEY, S/O LATE RAJ NARAYN DUBEY, 3. RAJESH DUBEY, S/O SHRI RAMAYAN DUBEY, 4. KAMENDRA DUBEY, S/O LATE JAGANNATH DUBEY ALIAS LALAN DUBEY, 5. JANARDAN DUBEY, S/O SURAJ DUBEY, 6. DEORAJ DUBEY, S/O LATE RAMCHANDRA DUBEY, 7. LAXMI NARAYAN DUBEY, S/O LATE JAGNNATH DUBEY, ALL RESIDENTS OF VILLAGE-TEKANPURA, P.O. KUTUMHARA, P.S. SURYAPURA, DISTRICT-ROHTAS. -PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, ROHTAS. 3. THE CIRCLE OFFICER, VIKRAMGANJ, DISTRICT- ROHTAS. 4. EXECUTIVE ENGINEER, RURAL WORKS DIVISION, P.W.D., ROHTAS. -RESPONDENTS 02 08.12.2009 Heard the parties. This is a public interest litigation relating to construction of a newly sanctioned Pucca road having width of thirty feet and length of one and half kilometers known as Bhaluni Suryapur Road to Tekanpura. Grievance of the petitioners is that Anchal Adhikari, Vikramganj, is under influence of some encroachers and that has led to a situation where encroachment is not being removed on flimsy grounds although there is no case pending in the Civil Court and at least there is no stay or injunction. It appears that on account 2 of encroachment or other reasons the width of the road has been reduced from thirty to ten feet for a length of about five hundred meters. According to the petitioners, this has been done to accommodate the encroachment upon public land. Since allegations have been leveled against Anchal Adhikari, Vikramganj, in our view the Collector, Rohtas, respondent no.2, should get an independent enquiry done into the matter so that if public land meant for construction of a thirty feet wide road is in encroachment the same may be made free of encroachment. For this purpose, the petitioners are granted liberty to file a representation before respondent no.2 along with a copy of this order. It is expected that Collector, Rohtas, shall take a final decision in the matter on the basis of enquiry at an early date preferably within two months from the date of filing of the representation. The writ petition is disposed of. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AAhmad 3