ORDER

The present writ petition has been filed seeking the following relief:—

“A Mandamus commanding the respondent authorities to take appropriate step against the illegal encroachment over the public road of Mauza - Konch bearing Thana No.- 174, Khata No.- 929, Khesra No. 5777 under Konch Anchal in the district of Gaya (hereinafter referred to as the encroached road in short), whereby and whereunder apparently road is being encroached and despite the direction was given to vacate the encroachment by the competent authority no action was taken.”

2. The District Magistrate, Gaya had filed a counter affidavit on 11.05.2023, wherein it has been stated that though the ingress and egress to the mill of the petitioner is clear and free from any hindrance, however, some encroachment is still existing over the public land in question and since dwellings have been constructed over the public land in question under Indira Awas Yojana, some time would be required to shift the encroachers to an alternative place.

3. Today, the learned counsel for the respondent-State has referred to the supplementary counter affidavit filed on behalf of the District Magistrate, Gaya, wherein it has been stated th