Deepak Kumar v. The Chapra Municipal Corporation Through Its Commissioner And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18171 of 2017 ====================================================== Deepak Kumar Son of Tribhuwan Singh, resident of Mauna Mishra Tola, P.S.- Chhapra Town, District- Saran.

... ... Petitioner/s

Versus

1.

The Chapra Municipal Corporation Through Its Commissioner. 2.

The Municipal Commissioner, Chapra Municipal Corporation, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh, Adv.

:

Mr. Animesh Kumar, Adv.

For the Respondent/s :

Mr.Indu Bhushan ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-02-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for following reliefs:- "(a) For issuance of a writ, order, direction commanding the respondents to hold an enquiry into the matter at earliest and to remove the encroachment.

(b) for issuance of writ, order, direction commanding the respondents to ensure that the road in question remains encroachment free in free"

.

From the counter affidavit dated 17.10.2019 it is apparent that now steps for removing encroachment stands initiated which is evident from the averments made in para 12,

Patna High Court CWJC No.18171 of 2017(3) dt.19-02-2020 2/2 14 and 15 thereof.

As such, we dispose of the present petition with the direction to the authorities to positively remove encroachment within a period of three months, as is undertaken so by learned counsel for the State.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajiv U