IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9627 of 2005 Mohan Mahto, S/O Shivdatt Mahto Resident of Village- Mahual Bazaar, P.S. Hussainganj, District- Siwan. Versus 1. The State of Bihar 2. The D.M. Siwan 3. The S.D.M. Siwan. 4. The Circle Officerl, Siwan. ----------- 2. 08.11.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. The writ petition was originally filed for a direction to remove encroachment from public road bearing Plot No. 559 under Khata No. 139/2 measuring one decimal, situated at Village Mahual Bazaar, P.S. Hussainganj in the District of Siwan. The writ petition was filed on 8.8.2005 and as per the counter affidavit filed on behalf of respondents no. 2, 3 and 4, the stand is that the said encroachment had been removed on 31.5.2005 itself. This fact is strongly denied by learned counsel for the petitioner who states that the encroachment is still there. This Court feels that there may have been encroachment which may have been removed but subsequently may again have appeared. The said public road is to be kept free from encroachment and the petitioner and any other private person is not required to keep requesting the authority for such relief. 2 In view of the aforesaid, this Court directs respondents no. 2, 3 and 4 to ensure that the said public road is kept encroachment free and if there is any encroachment the same should be removed within three months from the date of receipt/production of a copy of this order upon them. They shall also ensure that the road not encroached upon in future. The writ petition is disposed off with the aforesaid directions. Anand Kr. (Ahsanuddin Amanullah, J.)