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Patna High CourtCWJC/9131/2016disposed

Hari Bansh Narayan Singh And ORS v. The State Of Bihar And ORS

2024-10-03Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9131 of 2016 ====================================================== 1.

Hari Bansh Narayan Singh Son of Late Binda Singh, 2.

Uday Chandra Jha, Son of Late Uma Kant Jha, 3.

Vijay Kant Jha, Son of Late Bachchu Jha, 4.

Rajeev Kumar, Son of Shree Shatrudhan Prasad Singh, 5.

Indu Shekhar Jha, Son of Late Taranath Jha, 6.

Bhartesh Kumar, Son of Sri Chandreshwar Prasad Dwivedi, 7.

Ashok Kumar Verma, Son of Ram Autar Prasad Verma, 8.

Nischal Kumar, Son of Late Lalan Prasad Verma, 9.

Satish Narayan Thakur, Son of Late Hari Narayan Thakur, 10.

Baidnath Singh, Son of Late Ram Autar Singh, 11.

Sushil Kumar Pathak, Son of Late Suresh Chandra Pathak, 12.

Ranjeet Kumar, Son of Late Rajeshwar Prasad Sinha, 13.

Deepak Kumar, Son of Sri Raghunath Prasad, 14.

Shiv Shankar Jha, Son of Late Bhageshwar Jha, 15.

Smt. Arunima, Wife of Sri Manoj Kumar Singh, All resident of Mohalla - Miscot Lane no. 2, Behind M.D.D.M. College, P.S.-Mithanpura, P.O.- Ramna, District-Muzaffarpur-842002.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Superintendent of Survey, Muzaffarpur.

3.

The Assistant Superintendent of Survey, Muzaffarpur. 4.

The Muzaffarpur Municipal Corporation through its Town Commissioner, Muzaffarpur.

5.

The Town Commissioner, Muzaffarpur, Municipal Corporation, Muzaffarpur.

6.

The Superintendent of Police, Muzaffarpur.

7.

Nav Kant Jha, Son of Ashrafi Kant Jha, 8.

Ashrafi Kant Jha, Son of Pandit Kapileshwar Jha, Both respondent no. 7 to 8 resident of Mohalla - Mahammadpur Kaji Now Miscot, Lane No. 2, P.S.- Mithanpura, Club Road, P.S.- Registry, District-Muzaffarpur-842002 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the State :

Mr. Ajay Kumar, AC to GP-4 ======================================================

Patna High Court CWJC No.9131 of 2016(3) dt.03-10-2024 2/3 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2024 The present writ petition has been filed seeking the following reliefs:- "1. i) For commanding the respondent authorities to keep the entire public lane, situated at Survey Plot No. 979, Khata No. 744, Thana No. 344, Mohalla-Mohammadpur Kaji, AnchalMusahari, Ward No. 35, DistrictMuzaffarpur free from any encroachment made by private respondent, so as to ensure full uninterrupted use of the same by the petitioners and other persons in the vicinity, as the same is recorded as public lane in the Khatiyan.

ii). Also for commanding the respondent authorities to restrain the private respondent and all other in future, from making any encroachment and creating any kind of obstruction / hindrance in use of the said public lane by the petitioners and other users of the same."

2.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Municipal Commissioner, Muzaffarpur Municipal Corporation,

Patna High Court CWJC No.9131 of 2016(3) dt.03-10-2024 3/3 Muzaffarpur, for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U