Veena Devi v. The Executive Officer, Nargar Parishad Hajipur,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10928 of 2023 ====================================================== Veena Devi Wife of Mithilesh Kumar Singh Resident of Mohalla-Mahabir Colony, Ward No.-7 Near Anjanpir Chauk, P.S.-Town Hajipur, DistrictVaishali. ... ... Petitioner/s

Versus

1.

The Executive Officer, Nargar Parishad Hajipur, Vaishali. 2.

The Executive Manager, Nagar Parishad Hajipur, District-Vaishali . 3.

The City Manager Nagar Parishad Hajipur, District- Vaishali. 4.

The Amin, Nagar Parishad Hajipur, Hajipur, Vaishali. 5.

Madhuri Devi Wife of Arbind Sharma, Resident of Mohalla- Mahabir Colony, Ward No.-7 Near Anjanpir, P.S.-Town Hajipur, District- Vaishali. 6.

Nagendra Rai, Son of Late Baldeo Rai, Resident of Mohalla- Mahabir Colony, Ward No.-3 Near Anjanpir, P.S.-Town Hajipur, District- Vaishali. 7.

Geeta Devi Wife of Nagendra Rai, Resident of Mohalla- Mahabir Colony Ward No.-7 Near Anjanpir, P.S.-Town Hajipur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Respondent/s :

Mr.Kumar Manish ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-12-2023 Heard the parties.

2. This application has been filed on behalf of the petitioner seeking a direction to the respondent No. 5 to 7 to remove the encroachment upon the PCC road.

3. The respondents cannot remove any alleged encroachment without initiating a proceeding under the Bihar Public Land Encroachment Act, 1956. In the present case, from the records it appears that no proceeding under the Bihar Public Land Encroachment Act, 1956 has been initiated against the petitioner.

Patna High Court CWJC No.10928 of 2023(2) dt.02-12-2023 2/2

4. In that view of the matter, this application is disposed of with a liberty to the respondents to initiate encroachment proceeding in accordance with law and then only the petitioner can be directed to remove the alleged encroachment.

5. With the aforesaid directions, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U