Prem Kumar Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16724 of 2017 ====================================================== Prem Kumar Singh, son of Sri Jaleshwar Prasad Singh, resident of- Gobarsahi Chowk, P.O. Khabra, P.S. Muzaffarpur Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1. The Union of India through the Ministry of Road Transport and Highways, Transport Bhawan, 1, Parliament Street, New Delhi.

2. The Secretary, National Highway Authority of India, New Delhi.

3. The Project Officer, National Highway Authority of India, Muzaffarpur.

4. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

5. The District Magistrate, Muzaffarpur, District- Muzaffarpur.

6. The Senior Superintendent of Police, Muzaffarpur, District- Muzaffarpur.

7. The District Land Acquisition Officer, Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Singh, Advocate For the Union of India :

Mr. S.D. Sanjay, Addl. S.G.

Ms. Kanak Verma, C.G.C.

For the State :

Mr. Ajay - GA-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-02-2018 Inter alia contending that in certain area of land as indicated in Paragraph 5 of the writ petition, encroachment has been made in National Highway No. 28, and the same is not being removed, this petition has been filed after representation submitted to Respondent Nos. 2 and 3 have not been considered. Keeping in view the aforesaid grievance of the petitioner, for the present, without entering into the controversy on merit and without expressing any opinion on the merits of

Patna High Court CWJC No.16724 of 2017 dt.16-02-2018 2/2 the allegations made, Respondent Nos. 3 and 5 are directed to look into the grievance of the petitioner and in case encroachment is found in the area in question, action be taken in accordance with law. It is made clear that we have not expressed any opinion on the merits of the allegations made and it is exclusively for the authorities to proceed in accordance with law by issuing notice to the concerned encroachers, hearing them and thereafter remove the encroachment after following the due process of law. We, however, direct that action, as directed hereinabove, be undertaken and concluded within a period of six months.

With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 20.02.2018 Transmission Date