Pratap Narayan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9982 of 2024 ====================================================== 1.
Pratap Narayan Jha Son of RupNarayan Jha Resident of Road No.05 Mithila Colony North Patel Nagar Keshari Nagar Patna, Police Station -Shastri Nagar, District-Patna.
2.
Girish Chandra Kumar Son of Late Subodh Chandra Kumar Resident of Road No.- 04, Indrapuri, Keshari Nagar, Police Station- Shastri Nagar, District- Patna 3.
Dinesh Kumar Son of Ramnaryan Lal Resident of Road No.05 Mithala Colony North Patel Nagar, Keshari Nagar,Patna, Police Station -Shastri Nagar, District-Patna.
4.
Awdhesh Prasad Singh Son of Shiv Bachan Singh Resident of Road No.05, Mithila Colony North Patel Nagar, Keshari Nagar, Patna, Police Station -Shashtri Nagar, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary Department of Home Affairs, Bihar at Patna 2.
The Municipal Commissioner, Patna Nagar Nigam, Patna. 3.
The District Magistrate, District - Patna at Patna 4.
The Superintendent of Police, District - Patna at Patna 5.
The Sub divisional officer, Patna.
6.
The Circle officer, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-07-2024
1. The writ petition is filed seeking removal of encroachment in the petitioners' residential colony.
2. The writ petition is filed as a public interest litigation and what is agitated is a purely private cause. There is
Patna High Court CWJC No.9982 of 2024(2) dt.05-07-2024 2/2 also no appearance for the petitioners when the matter was called.
3. We also notice that there is sufficient remedy provided under the Bihar Municipal Act, 2007 for removal of encroachment.
4. In such circumstances giving liberty to the petitioners to approach the appropriate authorities, the writ petition stands dismissed.
(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Bibhash U