Asha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11307 of 2023 ====================================================== 1.

Asha Singh Wife of Shiv Shankar, Resident of Mohalla- New Area Vishar Talaw, P.S.- Civil Line, District- Gaya.

2.

Ravi Shankar Singh Son of Late Maheshwari Singh, Resident of MohallaNew Area Vishar Talaw, P.S.- Civil Line, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Additional Chief Secretary-cum-Principal Secretary, Urban Development Department, Bihar, Patna. 2.

The Additional Chief Secretary-cum- Principal Secretary, Urban Development, Bihar, Patna.

3.

The District Magistrate, Gaya.

4.

The Circle Officer, Town Block, Gaya.

5.

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

6.

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr.Yopgendra Pd. Sinha (AAG 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-04-2024 Heard learned counsel appearing on behalf of the petitioner and the learned AAG 7 for the State.

2. Learned counsel appearing on behalf of the petitioner informs that incorrectly in the sale-deed dated 02.09.1966, total area in respect of plot no.382, located at road no.4, has been mentioned 917 sq. yards, whereas the petitioner was given possession of total area of 1622 sq. yards.

3. The petitioner is aggrieved by the action of Gaya Municipality, which has served a notice for removal of alleged

Patna High Court CWJC No.11307 of 2023(6) dt.08-04-2024 2/2 encroachment, which the petitioner has been enjoying since the date of execution of the sale-deed by constructig a house after the sanction of the map by the then existing Improvement Trust.

4. Learned counsel for the petitioner further submitted that the petitioner has been coming into possession of the land, which has been alleged to be encroached by the petitioner. He has filed Title Suit No.322 of 2024 during the pendency of the present writ petition for confirmation and declaration of the title over the land, in question, which has allegedly been found to be encroached by Gaya Municipal Corporation.

5. Considering the aforesaid information, the present writ petition is disposed of.

(Purnendu Singh, J) chn/- U