IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11433 of 2011 INDRADEO YADAV, VILLAGE MALI, POLICE STATION BELDOUR, DISTRICT KHAGARIA. VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, KHAGARIA 3. THE ANCHALADHIKARI, ANCHAL BELDOUR, POLICE STATION BELDOUR, DISTRICT KHAGARIA. ----------- 2 25.07.2011. The petitioner is aggrieved by the letter no. 532 dated 30.6.2011 as well as letter no. 177 dated 16.3.2010 by which he has been directed to vacate land bearing Khata no. 100 and khesra no. 1030 situated at village Mali. The petitioner submits that the impugned order has been passed without considering his show cause dated 28.3.2010, contained in annexure 2 addressed to the Circle officer, Anchal Belor. It appears that the impugned order has been passed in view of order dated 7.2.2011, passed in C.W.J.C.No. 2528 of 2006. In the aforesaid case, the petitioner alleged that one Indradeo Yadav or his relative made encroachment on National Highway. This court directed that in case if any encroachment has been made on the National Highway the same should be removed forthwith. Grievance of the petitioner is that the impugned order dated 30.6.2011, 2 passed by the Anchal Adhikari, Beldor does not show consideration of his representation. Having heard the parties, this court observes that no one would be permitted to make encroachment on the National Highway or public land. In case there is any encroachment, the same has to be removed forthwith after giving an opportunity of hearing. By the impugned notice, the Circle officer has found that the petitioner has made encroachment upon the National Highway. In the facts and circumstances of the case, I grant one final opportunity to the petitioner to put forth his case before the Circle officer, Beldour within two wekes from today, who would dispose of his representation within 3 weeks from the date of filing of such representation. The impugned order of removal of encroachment is kept in abeyance only for 4 weeks. In case, it is found that there is encroachment on public land, the same should be removed forthwith. The writ petition stands disposed of. Shashi. (Samarendra Pratap Singh, J.)