Judgment S. B. Sanyal, R. N. Lal, JJ. 1. Heard learned counsel for the petitioner as well as the State. 2. It appears that Biharsharif roads are notoriously narrow and have been encroached upon by shop-keepers and vendors who expose their goods even on that narrow roads. The authorities with the object to make it reasonably passable for vehicle took some steps to remove some encroachment. 3. Learned counsel for the petitioner submits that such steps cannot be taken without resorting to a proceeding either under Bihar and Orissa Municipal act or Bihar Lands Encroachment Act. Learned counsel for the Respondents on other hand submits that for every now and then encroachment the long drawn procedure is neither feasible nor in public interest. The authorities do not intend to touch those who have title to the property where they expose their eoods or extend their building or projections The intention is to remove encroachment from lands upon which the cancerned person has no title. 4. Having considered the argument of learned counsel for the parties we are of the opinion that no person can be allowed to encroach upon public road and/or Municipal roads. The road as it stands now is already too narrow and need immediate action in the event of any encroachment but at the same time before removal of supposed encroachment person affected must have a sav in the matter. Learned counsel for the petitioner states that there has been no muncipal survey at Biharsharif and the roads have emerged by use from time immemorial and the right of public is customary. 5. Having considered the need and protection to which a person is entitle to the respondents are directed to take a Municipal Amin on the spot from where they want to remove encroachment by any particular person The person aggrieved should be asked to produce document of title showing that he has right, title and interest over the area which is being occupied by him. On production of document the area covered by the document should be measured by the Amin. If the authorities on such measurement find that any person is occupying more than what is found in document, they shall be entitled to remove the encroachment from that area. On production of document the area covered by the document should be measured by the Amin. If the authorities on such measurement find that any person is occupying more than what is found in document, they shall be entitled to remove the encroachment from that area. It will also be open to the affected person to have his own amin to testify the correctness ot the measurement of the Government Amin and in the case of divergence of opinion the matter should be referred to higher authority who shall apply his mind to the correctness of the measurement and, if necessary, take assistance from another Government Amin. This will afford a reasonable opportunity to the person who is asked to vacante from land over which he has no right. This opportunity, in our opinion, will subserve the principles of natural justice. We, however, make it clear that removal of encroachment by the mode and modality indicated above will be confined to road side encroachment only and not to empower the authorities decide inter dispute between two owners. We have been constrained to adopt the aforesaid procedure as we are told that there is no municipal survey at Biharsharif till date showing the width and length of the road but the road has emerged by long use and public has only customary right over the same. If, however, survey papers or any other government documents showing the width of the road with its direction is available, the Amin will also measure the road and remove all encroachments therefrom in order to maintain even width and direction. 6. The respondents shall depute a responsible officer to carry out the process and should give reasonable time to produce evidence in support of title and possession. Any action taken for removal of encroachment from the land shall, however, be subject to declaration of title. 7. Let a copy of this order be given to learned counsel for the State 8. With the aforesaid observation, this application is disposed of. Decided accordingly.