IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11382 of 2008 Rajendra Chaubey son of late Gorakh Nath Chaubey resident of village- Tarwar (Baidnathpur) P.O. Koreya, P.S.- Beldi, District Saran. Versus 1. The State Of Bihar 2. Commissioner, Saran at Chapra. 3. Collector-Cum-District Magistrate, Saran at Chapra. 4. The Sub-Divisional Officer, Marhowrah, Saran. 5. The Circle Officer, Amnaur, Saran. 6. Raj Kishore Choubey, son of Chandrika Choubey, R/o- village- Tarwar Tola, Bainathpur, P.O.- Loreya, P.S. Bheldi, District- Saran. ----------- 2 01.08.2011 The petitioner has filed the present writ application for removal of the encroachment from the public road appertaining Tarwar Road Survey No. 2838, 2839, 2840 and Kewari Kala road No. 1214, 1215, 1216 and Maksudpur Road Survey No. 1 which was connecting Tarwar, Kewari Kala and Maksudpur villages. It is specifically alleged that the road was 15` to 20` which was reduced to less than 5` and for construction of the road, the land was donated by registered gift deed no. 5 to 6 dated 05.12.1985. In paragraph 6 of the counter affidavit, the respondent Circle Officer has admitted that during the enquiry, the encroachment was found thereupon one of the persons removed the encroachment however some of the 2 persons are not appearing in spite of issuance of notice. The counter affidavit, sworn by the Circle Officer, does not reflect that what is the encroachment case number which shows the callous manner in which the Circle Officer is functioning. Let the Circle Officer, Amnaur, Saran conclude the encroachment proceeding within a period of four months and do the needful for removing the encroachment as per the final conclusion arrived at during the proceeding. With the above observation, this application is disposed off. Amrendra/ ( Dinesh Kumar Singh, J)