IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2147 of 2010 1. KRISHNA PRASAD S/O DWARIKA SARAN MAHTO R/O VILL GOKUL BIGAHA,P.O.SASAULI,P.S.JAMHORE, DISTT- AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE AURANGABAD 3. THE ANCHAL ADHIKARI OBRA,DISTT-AURANGABAD ----------- 2 4.3.2010 Petitioner has been noticed by Anchal Adhikari, Obra, District- Auranabad to immediately remove the encroachment made by him in respect of Khata no. 72, plot no.1882 to the extent of 10 decimals. Petitioner virtually does not dispute the encroachment. His grievance is that adjacent to him and contiguous to his house there are several other persons also, who are encroachers in respect of the same very plot but none of them have been touched. For some peculiar reason only the petitioner is being asked to remove the encroachment to facilitate construction pursuant to SGSY scheme. Having considered the matter, in my view, the petitioner cannot make a grievance with regard to removal of other encroachments and on that ground seek to continue with the encroachment. Petitioner has to remove the encroachment on public land , which stands virtually admitted but at the same time Court cannot shut its eyes to the fact that if adjacent and contiguous to petitioner there are other encroachers as well , all of them should also simultaneously be removed. Let it be said that the State officials are acting for ulterior motive. I therefore, direct the Circle Officer concerned to take 2 action against all such encroachers on that plot simultaneously, so that public land is restored for public use and there should be no charge of discrimination. The Circle Officer would take action against all simultaneously, as indicated above, and would not stop after removing the petitioner’s encroachment. With these observations and directions, this writ petition stands disposed of. Singh (Navaniti Prasad Singh, J.)