Surendra Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13013 of 2018 ====================================================== Surendra Mishra, S/o Late Ram Naresh Mishra, R/o Mohalla-Gaurakshani Ward No. 5, Sasaram, P.S. Sasaram, District - Rohtas. ... ... Petitioner

Versus

1. The State of Bihar through Collector, Rohtas.

2. The Chairman Nagar Parishad, Sasaram, Rohtas.

3. The Executive Officer, Nagar Parishad, Sasaram, Rohtas.

4. The Ward Commissioner, Ward No. 5, Gaurakshani, Sasaram, Rohtas. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ashutosh Tripathy, Advocate.

For the Respondents :

Mr.Yogendra Prasad Sinha,A.A.G.7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs have been sought for by the petitioner in the present writ application.

"1. That this application is being filed for issuance of an appropriate writ/order/direction to respondents for removal of encroachment from Public Land (Drain)running over Khesra No. 650, Khata No. 881, Area-80 in Ward No. 5, MohallaGaurakshni, P.S. Sasaram, DistrictRohtas which has been recorded as drain PAKKI IN C.S. Khatiyan.

1/A. That the petitioner further prays for issuance of an appropriate writ/order/direction to the Respondent Executive Officer, Sasaram, and other respondents to take immediate steps under Bihar Public Land Encroachment Act so that the proper drainage of the waste

Patna High Court CWJC No.13013 of 2018(3) dt.03-01-2019 2/2 water of the area could be made".

It has been submitted by learned counsel for the petitioner that the petitioner has filed three representations dated 22.07.2016 and 01.07.2017 before the respondent no. 3, the Executive Officer, Nagar Parishad, Sasaram, Rohtas and representation dated 06.04.2018 before the respondent no. 1 Collector, Rohtas for redressal of his grievance vide Annexures 2, 3 and 4 to the present writ application.

The respondent no. 3, the Executive Officer, Nagar Parishad, Sasaram, Rohtas, is directed to dispose of the representation of the petitioner in accordance with law within a period of three months from the date of receipt/production of copy of this order, if not disposed of yet.

With the aforesaid observations and directions, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U