Md. Shadab Anjum v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2286 of 2018 ====================================================== Md. Shadab Anjum, Son of Late Athar Hussain, Resident at-84 Athar Manzil Subhash Chauk, Mohalla-Lal Bagh, Police Station-Town, District-Darbhanga. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.
The Commissioner, Darbhanga Division, Darbhanga. 3.
The Collector, Darbhanga.
4.
The Sub-Divisional Officer, Sadar, Darbhanga. 5.
The Officer-in-Charge, Town Police Station, Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Advocate For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 10-05-2019 The petitioner is aggrieved because the vegetable and fruit vendors are encroaching on the side of the public road in the town and district of Darbhanga.
In our opinion, it is definitely a matter of concern if the width of public road is reduced because a portion of the road is being utilized as a vending zone, but then a corresponding
Patna High Court CWJC No.2286 of 2018 dt.10-05-2019 2/3 responsibility is also on the concerned Municipal Corporation in failing to provide a suitable place to these vendors to vend their goods. It is because we have no vending zones as yet made functional in most cities, that such a situation arises. The concept of a modern city by itself conceives existence of such vending zones and indisputably fruit and vegetable vendors are necessary part of such civic amenities. If these vendors in course of vending are encroaching on the public road, then all that we can observe for the present is that the Darbhanga Municipal Corporation has not only failed to tackle the problem in effective manner in creating vending zone for the vendors.
Paragraphs- 6 and 7 of the counter affidavit filed on behalf of the District Administration though discloses their intention of creating such zones but no time line has been fixed.
Patna High Court CWJC No.2286 of 2018 dt.10-05-2019 3/3 with the Municipal Corporation, Darbhanga and also take appropriate steps for removal of encroachment in accordance with law within a period of three months from the date of production /receipt of a copy of this order.
With the observation and direction above, we dispose of the writ petition.
(Jyoti Saran, J) ( Anjani Kumar Sharan, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 21/05/2019 Transmission Date N.A.