IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2528 of 2006 NARSINGH NARAYAN YADAV, SON OF LATE BASUDEO PRASAD YADAV, RESIDENT OF VILLAGE AND POST- MALI, P.S. BELDAUR, DISTT- KHAGARIA. .. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, NATIONAL HIGHWAY, GOVT OF BIHAR, PATNA. 2. THE CHIEF ENGINEER, NATIONAL HIGH WAY, GOVT OF BIHAR, PATNA. 3. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY NO. 107, KHAGARIA. 4. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, KHAGARIA. 5. THE DISTRICT MAGISTRATE, KHAGARIA. 6. ASSISTANT ENGINEER, ROAD CONSTRUCTION SUB- DIVISION, KHAGARIA. 7. THE CIRCLE OFFICER, CIRCLE OFFICE, BELDAUR, DISTT- KHAGARIA. 8. INDRADEO YADAV, SON OF LATE KIRO YADAV, RESIDENT OF VILLAGE- MALI, P.S. BELDAUR, DISTRICT- KHAGARIA. ..RESPONDENTS. ----------- 2. 07.02.2011 Heard learned counsel for the petitioner and the counsel for the State. 2. This writ petition was filed alleging encroachment of the National Highway by Respondent No.8 in village Mali, P.S. Beldaur in the District of Khagaria. For removal of the aforesaid encroachment application was also submitted to the Circle Officer, Beldaur which is dated 26.6.1997 and is contained in Annexure-1 to this application. Till date neither the 2 encroachment has been removed nor any counter affidavit has been filed in the matter. Accordingly, the writ petition is disposed of directing the petitioner to appear before the Collector, Khagaria who should visit village- Mali in Beldaur Block and verify for himself whether encroachment of the National Highway has been made by Indradeo Yadav or any of his relatives and if any portion is found to be encroached such encroachment be removed. Even if the encroachment is protected by any temple the deity installed in the temple be shifted to some other places. National Highway must be made free of all encroachment. Necessary compliance of the order be made as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Collector, Khagaria. Ibrar/- ( V. N. Sinha, J.)