Prashant Kumar Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5026 of 2013 ====================================================== Prashant Kumar Ray S/O Late Ramayan Ray R/O Mohalla-Kathwalia, P.S.Anddistt-Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna 2.

The Principal Secretary, Urban Development Department , Government Of Bihar, Patna 3.

The District Magistrate, Gopalganj 4.

The Nagar Parishad, Gopalganj Through Its Executive Officer 5.

The Executive Officer, Nagar Parishad, Gopalganj 6.

Smt. Savitri Devi W/O Sri Ganesh Singh R/O Mohall-Kathwalia, Ward No.7, P.S.Distt-Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey, Adv.

For the State :

Mr.Sita Ram Yadav, G.P.-16 Mr. Yatindna Narayan, AC to GP-16 Mr. Jitendra Kumar, AC to GP-16 For the Respondent :

Mr. Nagendra Rai, Adv.

Mr. Navin Nikunj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-03-2023 The present writ petition has been filed seeking the following reliefs:- "1(a). For issuance of writ in the nature of mandamus directing the Respondents to demolish the illegal construction which has been made by the Respondent No. 6 upon the encroached Government as well as private land after making deviation from the approved map passed by the Nagar Parishad, Gopalganj.

(b). For issuance of writ in the nature of mandamus directing the Respondents to take legal

Patna High Court CWJC No.5026 of 2013(6) dt.16-03-2023 2/2 action against the Respondent No. 6 for making such illegal construction upon the encroached Government as well as private land after making deviation from the approved map passed by the Nagar Gopalganj. Parishad."

At the outset, the learned counsel appearing for the Respondent-Nagar Parishad, Gopalganj, has submitted that the final order has already been passed, whereby and whereunder fine has been imposed upon the Respondent No. 6 for the deviations made in the house constructed by her and she has been directed to remove the deviations made vis-a-vis the sanctioned plan. It is also submitted that within a period of four weeks from today, the illegal construction made by the Respondent No. 6 shall be removed.

In view of the aforesaid, the learned counsel for the petitioner is satifised that appropriate action, as warranted, has been taken, hence, he does not wish to press the present writ petition.

Accordingly, the present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U