IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12341 of 2008 1. HARI SHANKAR PRASAD 2. UMASHANKAR PRASAD, BOTH SONS OF LATE MAHENDRA SAH, RESIDENT OF VILLAGE- LAKHANPUR, P.S.- KATRA, DISTRICT- MUZAFFARPUR :---- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR/DISTRICT MAGISTRATE, DISTRICT- MUZAFFARPUR 3. THE DEPUTY DEVELOPMENT COMMISSIONER, MUZAFFARPUR, EAST, MUZAFFARPUR. 4. THE CIRCLE OFFICER, KATRA, DISTRICT- MUZAFFARPUR. 5. THE CIRCLE OFFICER, SINGHWARA, DISTRICT- DARBHANGA :---- RESPONDENTS. ----------- For the petitioners : Mr. Ashok Kumar Choudhary-1., Advocate. For the State : Mr. Manoj Priyadarshi, S.C.-XVII. ===== 6. 03.01.2011. Heard learned counsel for the petitioners and the State. 2. In compliance of my order dated 13,21.12.2010, the District Magistrate, Muzaffarpur and the present Circle Officer, Katra along with his two predecessor have filed their separate affidavit reiterating the fact that petitioners, resident of Village- Sanahpur Bujurg in Singhwara Block of Darbhanga district made encroachment over road bearing Plot No. 8543 in Village- Lakhanpur in Katra Block of Muzaffarpur district. After encroachment was identified by initiating a proceeding under the Land Encroachment Act by the Circle Officer, Katra in Case No. 06/2005-06 notice dated 18.07.2008, Annexure-1 was issued to the petitioners and other encroachers whereafter petitioners themselves demolished their construction in the light of two subsequent notice - 2 - dated 15.10.2008 and 30.10.2008, Annexure D and F to the counter affidavit. In support of such contention the State-respondents have relied on the report dated 22.07.2005 and 18.07.2008 which is contained in Annexures- A and B to the counter affidavit filed by Md. Afzalur Rahman, the predecessor Circle Officer, Katra, Muzaffarpur. 3. Counsel for the petitioners with reference to sketch map, Annexure-11 states that no sooner the notice dated 18.07.2008, Annexure-1 was received by the petitioners objections were filed but the same was not received by the authorities and averment to that effect has been made in paragraphs- 9,10 and 11 of the writ petition. The official respondents, however, deny such statement. Reference in this connection has been made to paragraph- 24 of the affidavit of Sri Qamrujamma. 4. Having heard counsel for the parties and having perused the writ petition it is evident that petitioners have raised house over Plot No. 808 of Village- Sanahpur Bujurg in Singhwara Block of Darbhanga district. Aforesaid plot measuring an area of 11 dhurs 12 kanmas was purchased by the petitioners vide four registered sale-deeds dated 23.01.1982 and another sale- deed dated 09.01.2001. It is submitted on behalf of the petitioners that petitioners raised construction over plot no. 808 without encroaching any portion of road bearing Plot No. 8543 as the said road/plot is not even abutting Plot No. - 3 - 808. The road in front of Plot No. 808 bears Plot No. 8498 and it is asserted by the petitioners that they have not made any encroachment over any portion of the road bearing Plot No. 8498. It is further submitted that the son of the petitioner Ajay Kumar, whose house is situate opposite Plot No. 808 over Plot No. 8496 had made some encroachment over Plot No. 8496 which he voluntarily removed after receipt of the notice. So far petitioners are concerned, there is no encroachment over Plot No. 8498. From perusal of the notice and the report annexed with the counter affidavit it is quite evident that petitioners are alleged to have made encroachment over Plot No. 8543 with which they have no concern. In the circumstances, the notice dated 18.07.2008, 15.10.2008 and 30.10.2008, Annexure-1 to the writ petition and Annexure- D, F to the counter affidavit is quashed as the house of petitioners is situate over Plot No. 808 abutting Plot No. 8543 and not 8498 with direction to the Circle Officer, Katra in the district of Muzaffarpur and Circle Officer, Singhwara in the district of Darbhanga to get the road Plot No. 8498 and the raiyati land of petitioners bearing Plot No. 808 re-measured with liberty to the petitioners to raise construction over Plot No. 808. So far loss suffered by the petitioners is concerned, they are at liberty to institute a case for compensation before the competent court of civil jurisdiction in the light of fresh measurement report taken in compliance of this order. The measurement in - 4 - compliance of my order be made by the authorities in presence of the petitioners who are directed to co-operate with the authorities and to put their signature over the measurement-report. Petitioners are directed to appear before the two Circle Officers along with a copy of this order, whereafter the two Circle Officers will fix a date for measurement in consultation with each other and inform the petitioners about the date for measurement so as to enable the petitioners to be present at the time of measurement. The measurement be made in compliance of this order within two months from the date of receipt of a copy of this order by the authorities. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)