IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8270 of 2008 Asha Devi, wife of Sri Ram Pravesh Sharma, resident of Railway Quarter No. 39/E, Hindley Road, P.O. Gaya(R.S.), P.S. Delha, District-Gaya………………………………………..Petitioner. Versus 1. The State of Bihar. 2. The Divisional Commissioner, Magadh Commissonery, Gaya. 3. The District Magistrate, Gaya. 4. The Sub-Divisional Officer, Sadar, Gaya. 5. The Circle Officer, Nagar Anchal, Chandauli, Gaya. 6. The Police of Superintendent, Gaya. 7. Sri Mahabir Singh, son of Late Ram Dhani Bhagat. 8. Bed Prakash, son of Mahabir Singh. 9. Gayan Prakash, son of Mahabir Singh. 10. Bitu @ Rohit Kumar, son of Vidya Prakash. 11. Vidya Prakash, son of Mahabir Singh. All private respondents are resident of village- /Mohalla-Kharkhura, Bhaluahi(Morarpur) P.O. Gaya, P.S. Delha, District- Gaya…………………………………………………………………………...Respondents. ----------- 2. 15.07.2011. The petitioner has filed the writ application for direction to respondent- authorities to remove encroachment from the public road and canal of Murarpur Bhaluahi (Kharkura) Mohalla, Ward No. 13 situated on plot nos. 14 and 15. In paragraph no. 16 of the writ application, the petitioner has admitted that for the same dispute another person has filed Encroachment Case No. 177 of 2006 which is still pending but the claim of the petitioner is that in view of judgment passed in Title Appeal No. 05 of 1987 there is no justification of encroachment case. In view of this court, the 2 petitioner’s remedy lies while raising all his objections and grievances in the aforesaid pending encroachment proceeding. With the aforesaid observation, this writ application is disposed off. U. K. ( Dinesh Kumar Singh, J)