Sanjay Kumar Dwivedi, J
 1. Heard Mr. Vijoy Pratap Singh, the learned Senior counsel appearing for the petitioner, Mr. AmiteshÂ
Kumar Geasan, the learned State counsel and Mrs. Pinky Shaw, the learned counsel appearing on behalf of the respondent nos.3 to 7
(Sahibganj Nagar Parishad).
2. The prayer in this petition has been made for direction upon the respondents to remove and demolish the illegal construction being Culvert
constructed by the office of the respondent no.4 under Storm Water Drainage System and 15th Finance Fund over the landÂ
of the petitioner being Plot Nos.705 and 706 situated at Pargana Teliagari Touzi Noa.599, Mouza Kelabari, District Sahibganj.
3. Mr. Singh, the learned Senior counsel appearing for the petitioner submits that the petitioner is having plot nos.705 and 706. He submits that said
drainage is being constructed over plot no.704 and 708 however for the culvert the part of plot 706 has been encroached by the authority concerned
blocking the ingrace and egrace of the petitioner. He submits that now pursuant to the order passed by this Court they have removed the said
obstruction from the gate however entire construction has not been stopped and there is every likelihood that if it is constructed the ingrace and egrace
of the petitioner will be blocked.
4. The learned counsel for the respondent State submits that pursuant to the earlier order of this Court, a committee was constituted by the Deputy
Commissioner and the committee has reported that no encroachment is made of plot no.706, however, it is being constructed only on plot no.704 and
705.
5. Mr. Singh, the learned Senior counsel for the petitioner in reply submits that in absence of the petitioner the said demarcation and measurement was
made and the authority concerned have not measured the land correctly. He further submits that for the same, the objection is also made before the
Deputy Commissioner, Sahibganj (part of Annexure-8). He submits that in view of that proper direction may kindly be passed.
6. In view of above, it transpires that certain obstruction was made which was subsequently removed by the district administration which prima facie
strengthen the case of the petitioner. It has been pointed out that in absence of the petitioner the said demarcation was made by the authority
concerned and objection to that effect has been also made before the Deputy Commissioner Sahibganj and as such, this petition is being disposed of
directing the Deputy Commissioner Sahibganj to consider the case of the petitioner and he may direct to demarcate the land in question in presence of
the petitioner and pass appropriate order after providing opportunity of hearing to the petitioner.
7. This petition is accordingly disposed of.
8. Till the final decision is taken by the Deputy Commissioner Sahibganj in light of above direction, the status-quo, as on today, shall be maintained.
9. With above observation and direction this petition is disposed of.
10. Pending petition if any also stands disposed of accordingly.
