Ganga Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10400 of 2022 ====================================================== Ganga Paswan Son of Late Bahadur Paswan, resident of Mohalla Pankha Toli via Mai Asthan, P.S. - Kazi Mohammadpur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Muzaffarpur. 2.

The District Magistrate, Muzaffarpur.

3.

The Municipal Corporation, Muzaffarpur through the Commissioner, Municipal Corporation, Muzaffarpur.

4.

The Commissioner, Municipal Corporation, Muzaffarpur. 5.

The Circle Officer, Musahri Circle, Muzaffarpur. 6.

Shailendra Paswan, S/o Late Chhote Lal Paswan, resident of village Pankha Toli, Ward No. 25, P.S. - Kazi Mohammadpur, District - Muzaffarpur. 7.

Mahendra Paswan, S/o Late Heera Paswan, resident of village Pankha Toli, Ward No. 25, P.S. - Kazi Mohammadpur, District - Muzaffarpur. 8.

Suresh Paswan, S/o Late Bahadur Paswan, resident of Village Pankha Toli, Ward No. 25, P.S. - Kazi Mohammadpur, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Jha,Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam,AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-04-2023 The present writ petition has been filed seeking the following relief:- "1.i. For issuance of an order, direction or writ of mandamus or any other appropriate writ for directing the respondents no. 2 to 5 to remove the encroachment made by respondents no.

6, 7 & 8 on Municipal Road having Khata No. 613, Khesra No.97."

At the outset, the learned counsel for the petitioner seeks a direction upon the Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur to take appropriate action for removal of

Patna High Court CWJC No.10400 of 2022(2) dt.28-04-2023 2/2 the encroachment made over the municipal road in question, situated at Khata No. 613, Khesra No.97, Village-Pankha Toli, P.S. Kazi Mohammadpur, DistrictMuzaffarpur. Having regard to the facts and circumstances of the case, as also considering the amended Section 435 of the Municipal Act, 2007, this Court deems it fit and proper to direct the Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur, to ensure initiation of appropriate encroachment proceeding and conclusion thereof, in accordance with law, in case appropriate petition is filed by the petitioner before the Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur within a period of four weeks from today. It is expected that the entire exercise shall be completed within a period of six weeks of filing of the aforesaid petition by the petitioner.

The writ petition stands disposed off on the aforesaid terms.

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