IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7725 of 2007 RAVINDRA PRASAD YADAV @ RAVI Versus THE STATE OF BIHAR & ORS ----------- 2 8.2.2010 Learned counsel for the petitioner is permitted to implead the Sub-Divisional Officer, Saharsa as a party respondent. In the instant application the petitioner prays for an appropriate direction to respondent nos.1 to 3 to remove the encroachment from Khata No.971, Khesra No.4427, area 0.07 decimals alleged to be encroached by respondent no.4. It has been alleged that respondent no.4 who got his house under Indira Awas scheme has extended his house on public land namely Khesra No.4427 of Khata No.971 in village Pastpar, Tola Thadhi. The Circle Officer even initiated a Case No.2 of 2005-06 and got the measurement done by the Anchal Amin. Thereafter, even the respondent no.4 was afforded an opportunity of hearing, as stated in paragraph 7 of the writ petition. A general notice was published on 20.6.2005, contained in Annexure-3, followed by notice under sub section (2) of section 6 of the Bihar Public Land Encroachment Act, 1956 issued on 1.7.2005, but till date the encroachment has not been removed. A counter affidavit has been filed on behalf of the respondent State wherein in paragraph 6 it has been stated that despite issuance of notice, respondent no.4 has not remove the encroachment. It has been further stated in paragraph 8 of the counter affidavit that on account of encroachment there is obstruction in smooth movement - 2 - KHAN to the public. In paragraph 12 of the counter affidavit the factum of encroachment by respondent no.4 has been alleged. It is apparent from the counter affidavit of the respondent State that respondent no.4 has made encroachment upon Khata No.971, Khesra No.4427, area 0.07 decimals in village Pastpar, Tola Thadhi. Having heard counsel for the parties, this writ petition is disposed of with a direction to the Sub-Divisional Officer, Saharsa to look into the matter and to take appropriate steps for removing the encroachment from Khata No.971, Khesra No.4427, area 0.07 decimals in village Pastpar, Tola Thadhi after affording opportunity of hearing to respondent no.4 preferably within four months from the date of receipt/production of a copy of this order. (S.P.Singh,J)