Ratneshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6348 of 2025 ====================================================== Ratneshwar Prasad Singh S/o-Nand Kishore Pandey, R/o- Bawan Bigha, Road No. 08, PS-Mithanpura, District-Muzaffarpur, Bihar-842002. ... ... Petitioner/s

Versus

1.

The State of Bihar though the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Muzaffarpur.

4.

The Senior Superintendent of Police, Muzaffarpur. 5.

The Municipal Commissioner, Muzaffarpur.

6.

The Sub-Divisional Magistrate, East Muzaffarpur. 7.

The Sub-Divisional Police Officer, East Muzaffarpur. 8.

The Station House Officer, Mithanpura, Police Station, Muzaffarpur. 9.

The Circle Officer, Mushahari, Muzaffarpur.

10.

The Circle Inspector, Mushahari, Muzaffarpur. 11.

The Halka Karmchari, Ward No. 47, Kanhauli, Vishnudutta, PSMithanpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Manisha Singh, Adv For the Respondent/s :

Mr. P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-10-2025 In the instant petition, petitioner has prayed for the following reliefs:

(i) For a direction upon the Respondents to remove the encroachment of public road from Khadi Bhandar Chowk to BMP-6 via Ramjanki Mandir, Ward No. 47,

Patna High Court CWJC No.6348 of 2025(5) dt.13-10-2025 2/3 Mushahari, Muzaffarpur.

(ii) For a direction upon the Respondents to allow construction of road and pavement after removal of the encroachment so that the width of the road is uniformly maintained.

(iii) For a direction upon the Respondent, District Magistrate to hold an enquiry by any independent Agency against erring officials of the Mushahari block who are not taking any action against the encroachers despite report of the Anchal Amin identifying the encroachers on the basis of revenue records.

(iv) Any other order/orders for which the petitioner is found entitled to in the facts and circumstances of the present case.

2. Perusal of the counter affidavit, the official respondents have admitted illegal encroachment to certain extent. Taking note of the counter statement, the concerned respondents are hereby directed to undertake the exercise of removal of illegal encroachment within a period of eight weeks from the date of receipt of this order. The respondents are further directed to take necessary steps for issuing notice to such of those illegal encroachers before proceeding to removal of

Patna High Court CWJC No.6348 of 2025(5) dt.13-10-2025 3/3 illegal encroachment.

3. With the above observation, the present petition stands disposed of.

(P. B. Bajanthri, CJ) ( Alok Kumar Sinha, J) kiran/- U