Ashok Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9754 of 2016 ====================================================== Ashok Prasad son of Late Raja Ram Sah, resident of Old Gudri, Naya Bazar, Ward No.11, P.S.- Bettiah Town, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Bettiah, West Champaran. 3.

The Sub-Divisional Magistrate, Bettiah Sadar, West Champaran. 4.

The Executive Officer, Bettiah Nagar Parishad, Bettiah. 5.

Kamla Thakur son of Late Munni Thakur, resident of Naya Bazar, Purani Gudri, Ward No.11, P.S.- Kali Bagh, O.P., District- West Champaran. 6.

Jai Narayan Tiwari son of Late Kanti Tiwari resident of Naya Bazar, Purani Gudri, Ward No.11, P.S.- Kali Bagh, O.P., District- West Champaran. 7.

Birendra Mishra son Jagdish Mishra resident of Naya Bazar, Purani Gudri, Ward No.9, Near Barnwal Dharmshala, P.S.- Kali Bagh, O.P., District- West Champaran.

8.

Janardhan Barnwal son of Late Ram Virah Sah, Manager, Barnwal Dharmshala, resident of Kali Bagh Chowk, Bettiah, P.S.- Bettiah Nagar Parishad, District- West Champaran.

9.

Raj Kumar son of Kanhiya Prasad resident of Naya Bazar, Ward No.09, Near Barnwal Dharmshala, P.S.- Kali Bagh, O.P., District- West Champaran. 10.

Baidnath Srivastava son of Late Raghuvir Lal, resident of Naya Bazar, Purani Gudri, Ward No.09, P.S.- Kali Bagh, O.P., District- West Champaran. 11.

Rameshwar Prasad son of Late Sunwar Singh resident of Naya Bazar, Purani Gudri, Ward No.09, P.S.- Kali Bagh, O.P., District- West Champaran. 12.

Municipal Commissioner, Bettiah Municipal Corporation, Bettiah, West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Respondent/s :

Mr. GP 23- Anil Kumar :

Mr. Arvind Kumar, AC to GP 23 For respondent no. 12 :

Mr. Priyadarshi Maitri Sharan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 At the very outset, the learned counsel for the petitioner seeks to add the Municipal Commissioner, Bettiah Municipal Corporation, Bettiah, West Champaran as

Patna High Court CWJC No.9754 of 2016(2) dt.04-04-2023 2/3 party- respondent no. 12 to the present writ petition. The needful be done during the course of the day. The present writ petition has been filed seeking the following reliefs :- (i) For issuance of a writ/writs, order/order, direction/directions, for commanding and directing the respondent authorities to remove the encroachment of public way (aam rasta) which is situated in Ward No. 11 under Nagar Parishad Bettiah, West Champaran, which has been encroached by the respondent no. 5 to 11 by fencing/ constructing wall of their buildings.

(ii) For directing the private respondents no. 5 to 11 to remove encroachments over the Municipal road situated in Khesra no. 1745, 1833 and 1838, which has been demarcated by the Amin of the Nagar Parishad in Bettiah Town.

iii) For directing and commanding the concerned respondents to take action upon the representation made by the petitioner and act according to the rule for removing the encroachment of the public way.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Municipal Commissioner, Bettiah Municipal Corporation,

Patna High Court CWJC No.9754 of 2016(2) dt.04-04-2023 3/3 Bettiah, West Champaran for redressal of his aforesaid grievances. Liberty so sought, is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U