Munna Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17202 of 2018 ====================================================== 1.

Munna Sah and Ors S/o Kailash Sah @ Kailu Sah Resident of Village - Bachhawara, District - Begusarai.

2.

Palai Mahto S/o Haldhar Mahto Resident of Village - Narepur West, P.S. - Bachhawara, District - Begusarai.

3.

Binay Bhushan Yadav S/o Sita Ram Yadav R/o Village - Begamsarai, P.S. - Bachhawara, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Commissioner, Munger.

3.

The District Magistrate, Begusarai.

4.

The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Begusarai.

5.

The Block Development Officer, Bachhawara, District - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hare Krishna Prasad, Advocate For the Respondent/s :

Mr. Sanjeet kumar Singh AC to AAG-6 For the Zila Parishad :

Mr. Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Zila Parishad, Begusarai.

The learned counsel for the Zila Parishad, at the outset, submits that the counter-affidavit has been filed in which it has been specifically pleaded that in the event if the petitioner will apply for allotment of shop within the premises of the Zila Parishad the same shall be considered in accordance with law. The learned counsel for the Zila Parishad next submits

Patna High Court CWJC No.17202 of 2018(4) dt.02-05-2023 2/2 that the petitioner as of date has encroached the vacant land of the Zila Parishad by constructing a hutment which is causing inconvenience in the ingress and egress of the marketing complex constructed on the land of the Zila Parishad. Learned counsel for the Zila Parishad submits that the petitioner will apply for allotment of shop in terms of the advertisement which is to be published, as submitted by the learned counsel for the Zila Parishad and in the meantime, shall remove the hutment constructed on the land of the Zila Parishad.

Considering the submission made by the learned counsel for the parties the writ application is disposed of with a direction to the Zila Parishad, Begusarai that in the event if the petitioner makes an application for allotment of shop the same will be considered expeditiously, keeping in mind the plea taken by the Zila Parishad in its counter-affidavit, in accordance with law.

(Satyavrat Verma, J) Adnan/- U