Md. Kasim Ansari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6926 of 2016 ===========================================================

1. Md. Kasim Ansari, Proprietor of Vaishali Pipe and Sanitary Store Son of Late Khalil Ansari resident of Mohalla - New Karbighaiya Bus Stand Road, P.S. Jakkanpur, District - Patna

2. Johar Ali, Proprietor of Excel Enterprises Son of Sri Tahir Ali resident of Flat No. 501, Najmi Manjil, Vohra Masjid Complex Station Road, P.S. Gandhi Maidan, District - Patna

3. Ramesh Kumar, Proprietor of Nation Electric Company Son of Sri Asharfi Lal Resident of Manti Villa, Amardeep Nagar, P.S. Ram Krishana Nagar, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The D.M. - Cum - Collector, Patna

3. Municipal Commissioner, Patna Municipal Corporation, Patna

4. The Senior Superintendent of Police, Patna

5. The Sub - Divisional officer, Patna Sadar, District Patna

6. The officer - in - Charge of Kotwali Police Station, Patna

7. The Executive Officer, Bankipur Circle, Municipal Corporation Patna

8. Uttam Kumar, Proprietor of M/s Hotel Fort, Station Road, Patna Son of Late Ishwari Singh resident of mohalla - Phulwarisharif, Near Patna Dairy Project, P.S. Phulwarisharif, District - Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan, Advocate Mrs. Bela Singh, Advocate For the State : Mr. Manoj Kumar, AC to SC-12 For the PMC : Mr. Sanjay Prakash Verma, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 09-08-2016 As prayed, learned counsel for the petitioners is permitted to make necessary correction in paragraph 1 of the writ petition in course of the day.

Heard learned counsel for the petitioners, the State and the Patna Municipal Corporation.

Patna High Court CWJC No.6926 of 2016 dt.09-08-2016 2/2 Grievance of the petitioners is that the respondent no.8 has encroached upon 'Aam Rasta' of Station Road, Patna. It is contended that the petitioners have approached the Commissioner, Patna Municipal Corporation vide Annexure-1 dated 18.02.2016 for remedial action but no decision has been taken by him as yet and, in the meantime, the respondent no.8 has started encroaching the land again.

In above view of the matter, this writ application is being disposed of with a direction to the Municipal Commissioner to look into the matter and do the needful in accordance with law after granting reasonable opportunity to all the concerned expeditiously preferably within a period of three months from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 11.08.2016 Transmission Date N.A.