IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7222 of 2005 Pitambar Patel, son of Sri Ram Briksh Mandal, resident of village- Durgapur, P.O. Durgapur, P.S. Bhawanipur (Rajdham), Distt- Purnea (Bihar). ..Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Purnea. 3. The Sub-Divisional Officer, Dhamdaha. 4. The Sub-Divisiional Police Officer (Dy.S.P.), Dhamdaha. 5. The Circle Officer, Bhawanipur. 6. Officer-in-Charge, Bhawanipur Police Station. 7. Babuan Mandal son of Thakshu Mandal. 8. Lal Bahadur Mandal, son of Babuan Mandal. 9. Manoj Mandal, son of Babuan Mandan. 10. Rajendra Mandal, son of Devi Mandal. All resident of village and P.O. Durgapur, P.S. Bhawanipur (Rajdham), Distt. Purnea (Bihar). ----------- 3 04.11.2011 Heard Mr. Anil Kumar Mishra, learned counsel appearing for the petitioner and learned SC-21 for the State. The writ petition had been filed for a direction to the respondents to remove the encroachment made by the Private Respondents No.7, 8 and 9 who had encroached the road in front of the house of the petitioner which he claims was in existence since the last 100 years. Learned counsel for the State from the counter affidavit submits that upon enquiry it has been found that the said land which is being termed as a road was actually a portion of private land of the private respondents, though, the same was being permitted to be used as a 2-3 feet path by the petitioner. In that view of the matter, he submits that the land being a private land, the official respondents cannot do much with regard to any encroachment as alleged by the petitioner. 2 Considering the facts and circumstances of this case, the writ petition is disposed off with liberty to the petitioner to move before the appropriate forum for the redressal of his grievances with regard to easementary rights having been curtailed. Md. Ibrarul (Ahsanuddin Amanullah, J.)