Vishnu Kant Sahay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19274 of 2021 ====================================================== Vishnu Kant Sahay Son of Late Bishwambhar Lal Resident of MohallaNawagarhi, P.S.- Vishnupad, District- Gaya, Pin- 823001. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Bihar, Patna.

2.

District Magistrate, Gaya.

3.

Municipal Commissioner-cum-Administrator, Gaya Municipal Corporation, Gaya.

4.

Town Vending Committee, Gaya, Municipal Corporation, Gaya through its Chairman.

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

For the Petitioner/s :

Mr. Abhinav Srivastava, Advocate Mr. Raushan, Advocate For the Respondent/s :

Mr. Subhash Pd. Singh, GA-3 Mr. Rabindra Kumar Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 03-03-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/6 From the counter affidavit dated 27.01.2022 filed by Mohammad Shahab Yahya, Dy. Municipal Commissioner, Gaya Municipal Corporation, Gaya on behalf of Respondent No. 3, namely Municipal Commissioner-cum-Administrator,

3/6 Gaya Municipal Corporation, Gaya, it is apparent that there is no proposal at any level pending consideration for creation of a vending zone on the K.P. Road, Gaya. Also, all functionaries, including the police authorities, and more specifically the Deputy Superintendent of Police (Traffic) has been directed to remove the encroachments on the said road.

The relevant portion of the counter affidavit is extracted as under:-

4/6

5/6 In view of the stand taken by the respondent State as also the Municipal Corporation, Gaya, we close the present proceedings with a further direction to the Senior Superintendent of Police, Gaya to ensure that all encroachments on K.P. Road, Gaya are removed forthwith. Also, liberty is reserved to the petitioner to invite attention of the authorities of any issue relating to the lis in question and/or file a fresh petition, should the need so arise subsequently. The instant petition stands disposed of in the aforesaid terms.

6/6 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 07.03.2022 Transmission Date