Syed Hussain Majeed v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15716 of 2024 ====================================================== Syed Hussain Majeed S/o- Syed Hasan Majeed R/o- Majeed Compound, Bagh Kalo Khan, P.S.- Khajekalan, P.O.- Patna City, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Principal Secretary, Department of Urban Development and Housing, Government of Bihar, District- Patna. 2.

The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, District- Patna.

3.

The Patna Municipal Corporation, through its Commissioner, DistrictPatna. 4.

The Commissioner, Patna Municipal Corporation, District- Patna. 5.

The Chief Executive Officer, Azimabad Circle, Patna City, Patna Municipal Corporation, District- Patna.

6.

Ghanshyam Prasad Khatri Son of Late Ram Bhajan Lal Sonar R/o- MohallaBagh Kalo Khan, Ward No.65, Circle No.139, P.O.- Patna City, P.S.- Khajekalan, District- Patna.

7.

Bablu Khatri Son of Late Ram Bhajan Lal Sonar R/o- Mohalla- Bagh Kalo Khan, Ward No.65, Circle No.139, P.O.- Patna City, P.S.- Khajekalan, District- Patna.

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

For the Petitioner/s :

Mr.Wasi Mohammad, Advocate For the Respondent/s :

Mr.Government Pleader 14 For the PMC :

Mr.Sanjay Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) To issue an appropriate writ, order or direction in the nature of mandamus commanding the State Respondents, particularly Respondent No.4 and 5 to remove the encroachment made by Private Respondent Nos.6 and 7 over public lane of K.B.Shah Kamal Road, which forms part and parcel of

Patna High Court CWJC No.15716 of 2024(2) dt.17-10-2024 2/2 M.S.Plot No.837, after getting it measured by Amin.

(ii) To issue an appropriate writ, order or direction in the nature of mandamus commanding the State Respondents to take necessary action, as provided for under the law against the Private Respondent Nos. 6 and 7, for encroaching the public land and causing inconvenience to the public at large, including the petitioner.

(iii) To issue an appropriate writ, order or direction in the nature of mandamus directing the Respondent Nos. 4 and 5 to take necessary action, in accordance with law, over the representation dated 18.04.2024, filed by the petitioner, before them."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Municipal Commissioner, Patna Municipal Corporation, Patna for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U