Patliputra Cooperative House Construction Society Ltd. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6429 of 2018 ====================================================== Patliputra Co-operative House Construction Society Ltd. through its Manager, Syed Aftab Alam, son of Late Qamrul Hassan, Resident of Plot No. 281, Pataliputra Colony, P.S.- Pataliputra, Town and District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Old Secretariat, Patna 2.

The Inspector General of Police, Central Range, Patna. 3.

The Deputy Inspector General of Police, Central Range, Patna. 4.

The Senior Superintendent of Police, Patna.

5.

The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok Complex, Patna.

6.

The District Magistrate, Patna.

7.

The Officer In-charge, P.S. Patliputra, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Srivastava, Advocate For the Respondent/s :

Mr.P.K.Verma -A.A.G.-3 Ms.Divya Verma, A.C. to A.A.G. 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-11-2020 Petitioner has prayed for following relief(s) :- "That this is an application under Article 226 of the Constitution of India in the nature of a Public Interest Litigation for issuance of a writ in the nature of a Mandamus or such other writ/order/direction as is deem fit and proper for an appropriate direction upon the Respondents to remove the encroachments on the flanks of public road running through the Pataliputra House Construction Society Ltd., Patna."

Patna High Court CWJC No.6429 of 2018 dt.23-11-2020 2/2 It is seen that despite request made to the authorities (Annexures- P/1 to P/7), no action stands taken by the respondent authorities.

It is the petitioner's case that land adjoining where a multistoried housing complex stands constructed by the petitioner Society is obstructed on account of unauthorized constructions and illegal encroachments by certain persons. As such, we dispose of the present petition directing the respondent Nos. 3, 4, 5, 6 and 7 to take appropriate action as per law in terms of the prayer. Needful be done within two months.

Interlocutory application, if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) chn/- AFR/NAFR CAV DATE Uploading Date 01.12.2020 Transmission Date