Devanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10687 of 2020 ====================================================== Devanti Devi Wife of Late Bhagwan Pandit Resident of Community Hall, Kurjee Balupar, P.S.- Digha, Kurjee, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Commissioner, Patna Division, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The Municipal Commissioner, Patna Municipal Corporation, Patna. 5.

The Circle Officer, Sadar Anchal, Patna.

6.

The Patna Municipal Corporation, Patna through its Municipal Commissioner, Patna.

7.

The Station House Officer, Digha Police Station, Digha District Patna. 8.

Vijay Rai Son of Bhagwan Rai Sadakat Ashram, Police Station Digha District- Patna.

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

For the Petitioner/s :

Mr.Ritika Rani,Advocate For the Respondent/s :

Mr.Lalit Kishore,AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2022 The present writ petition has been filed seeking the following reliefs:- "A) For commanding the respondents to remove/demolish construction of two storage community hall, constructed over Government Aam Rasta being plot no. 641 plot no 5312, situated near Kurgi Balupur, Nearer St Michael School, which is obstructing of movement of public, sources of sound pollution, air pollution and gathering of unsocial elements forthwith after considering representation made by the petitioner dated 27.06.2020 as contained in Annexure 2.

B) Also for taking appropriate action for not making any two storage community hall construction over plot no. 5712 which is aam rasta situated near

Patna High Court CWJC No.10687 of 2020(2) dt.01-11-2022 2/2 Balupatti, St. Michael's School and in front of house of the petitioner.

C) Also for restraining the private respondent to use community hall for personal benefit and in collecting rent for marriage purpose and other ceremony at the time of allotment."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Sadar Anchal, District-Patna, for redressal of her aforesaid grievances.

Liberty so sought is granted.

It is needless to state that in case the petitioner approaches the Circle Officer, Sadar Anchal, District-Patna, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU