IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.6632 OF 2008 SANJAY KUMAR GUPTA, SON OF SHRI DUDHNATH PRASAD, RESIDENT OF VILLAGE BALIHAR (SURYAPURA), POST OFFICE SURYAPURA, BLOCK AND POLICE STATION SURYAPURA, DISTRICT ROHTAS VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, ROHTAS AT SASARAM 3. THE SUB DIVISIONAL OFFICER, BIKRAMGANJ 4. THE CIRCLE OFFICER, SURYAPURA, P.O. SURYAPURA, P.S. SURYAPURA, DISTRICT ROHTAS AT SASARAM 5. BALIRAM CHAUDHARY, SON OF LATE DHARI CHOUDHARY 6. BHAGALU CHAUDHARY, SON OF LATE DHARI CHAUDHARY 7. MANGARU CHAUDHARY, SON OF LATE SHIGASAN CHAUDHARY 8. BHARAT CHAUDHARY, SON OF LATE SHIGASAN CHAUDHARY 9. KRISHNA CHAUDHARY, SON OF LATE SHIGASAN CHAUDHARY 10. JALANDHAR CHAUDHARY, SON OF LATE SHIGASAN CHAUDHARY 5 TO 10 ARE RESIDENT OF VILLAGE BALIHAR (SURYAPURA), P.O. AND P.S. SURYAPURA, DISTRICT ROHTAS ********* 3 20/10/2011 This writ application has been filed by the petitioner claiming that respondents 5 to 10 have encroached upon the land appertaining to KHata No. 714, plot no. 1969 situated in mouza Balihar (Suryapura), thana no. 332, Block Balihar, district Rohtas. It is not in dispute that the said land is a public land. From the counter affidavit filed on behalf of the State, it would appear that the respondents were 2 removed from the lands in question in the year 2007. In the mean time, the respondents and the petitioner entered into a compromise by which both parties agreed that they would not encroach upon the public lands. It would appear that the petitioner has filed this writ application for preventing the respondents from encroaching the public lands, whereas according to the Counsel for the State, the petitioner is also in the same boat as the respondents. It is the bounden duty of the State authorities to remove the encroachment after following the process of law of any person who attempts to encroach upon the public land. I, therefore, find no merit in this writ application and it is accordingly dismissed. Anand ( Sheema Ali Khan, J.)