IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4975 of 2010 Shubh Narayan Yadav Versus The State Of Bihar & Ors ----------- 02. 08.07.2011 Mr. Sanjay Kumar Pandey No. 5 for the petitioner and Dinkar Kumar, assisting counsel to G.P. 25 for the State are present. The writ petition has been filed seeking command to the respondent no. 6 for removal of encroachment made on a public road bearing khata no. 27, plot no. 45 situated in the village-Durga Chak in the District of Gopalganj. Learned counsel with the aid of map placed at Annexure-2, submits that plot no. 45 was in the nature of public way and being used by the petitioner and the like for ingress and egress from their plot. He submits that the nature of the land is sought to be changed by the erstwhile Mukhiya of Gram Panchayat Raj Magahiya, block Panchadeori in the district of Gopalganj who wanted to construct an Anganbari Centre on the said plot and thus completely blocking passage from the plot of the petitioner in question. It is the settled position in law that the nature of land cannot be changed without following the due process of law. The petitioner alleging encroachment on the public land by the Mukhiya for the purpose of establishment of an Anganbari Centre has an efficacious remedy under the provisions of the Bihar Public Land Encroachment Act and thus 2 would be at liberty to question the exercise by filing an appropriate application before the appropriate authority under the provision of Bihar Public Land Encroachment Act. Any such application filed on behalf of the petitioner shall be considered and disposed of by the statutory authority under the Act after due opportunity of hearing to the petitioner and the affected parties. With the aforesaid observation, the writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)