(1.) The petitioner complains that the 5th respondent had encroached upon a public road in Tole Barkurwa within Kanti Police Station in the district of Muzaffarpur. He contends that originally the land in plot no.1306 was shown as Government land, as per cadastral survey, but in the revisional survey which took place in the year 1966, the land was divided into two parts and one of it, being plot no.2088, adjacent to the raiyati land was shown in the name of the 5th respondent. He contends that public road was existing on the land till the 5th respondent had removed the same, in spite of the protest by the local public. He seeks appropriate direction in this behalf.
(2.) A counter affidavit is filed by the 5th respondent opposing the writ petition. He submits that he is the absolute owner of the land in question and this writ petition is filed with oblique motive. He filed certain documents, in support of his title.
(3.) Heard Sri Shashi Bhushan Singh, learned counsel for the petitioner and Mr. Amaresh Kumar Sinha, learned Assistant Counsel to G.A. 9 for the State and Sri Pramod Kumar, learned counsel for the 5th respondent.