IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11045 of 2008 Lalita Devi, Wife of Sri Baleshwar Singh, Resident of Village Majhaua, PS Ara Town, District Bhojpur. ----- Petitioner. Versus 1. The State Of Bihar through Secretary, Urban Development Department, Patna. 2. The Ara Municipal Corporation, through Municipal Commissioner (Nagar Aukta), Ara. 3. The Municipal Commissioner (Nagar Aukta), Ara Municipal Corporation, Ara. 4. Bharat Sah, Son of name not known to the petitioner, Resident of Village Majhaua, PS Ara Town, District Bhojpur. ------ Respondents. ----------- 4 3.11.2011 The order impugned is rather vague as it appears that it does not really clarify the disputes in question. The question is whether Plot No. 1731 (1721) is a public road or a private road. The petitioner had made an allegation that the private respondent was making construction on the lane which is according to the order of the Municipal Commissioner a private road. Learned counsel for the respondents on the other hand submits that he is making construction on his own land which is Plot No. 1725 and as such, the petitioner cannot make any complaint with respect to encroachment as he is not encroaching upon her land or the land on which the alleged road is situated. It goes without saying that if it is a private land, no encroachment proceeding would lie, however, if the road is a public road then 2 obviously encroachment proceedings can be initiated if it is found that the petitioner has made construction over the public road. At present, there is no material to indicate that the road is a private road. In view of the aforesaid facts, I see no illegality in the order of the Municipal Commissioner, (Nagar Aukta), Ara Municipal Corporation, Ara. This writ application is thus, dismissed. Sanjay (Sheema Ali Khan, J.)