Kherun Nisa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22111 of 2019 ====================================================== Kherun Nisa, W/o late Saraj Marhum, R/o Beli Road Raj Bhavan Campus, Sachivalay, Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Main Secretariat, Patna800001 2.

Urban Development and Housing Department through its Principal Secretary, Government of Bihar, Vikas Bhawan, Bailey Road, Patna- 800001 3.

The Department of Social Welfare, through its Principal Secretary, Government of Bihar.

4.

Bihar State Housing Board through its Chairman, Vikash Bhawan, Bailey Road, Patna- 800001 5.

The Patna Municipal Corporation, through its Commissioner, Maurya Lok Complex, Near Kotwali Thana, New Dak Bunglow Road, Patna- 800001 6.

Divisional Commissioner, Patna.

7.

The Police Commissioner, Patna, Bihar.

8.

The District Magistrate, Patna.

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

For the Petitioner/s :

Mr.Deepak Kumar Singh, Adv.

Mr. Shashwat, Adv.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-11-2019 Learned counsel for the petitioner is unable to place before this Court any basis of her stay over the land in question. This is admittedly in the nature of a public land. Learned counsel for the petitioner has submitted before this Court that even if the petitioner is an encroacher, she will have a right to get notice and be heard before she is removed from the place in question.

Patna High Court CWJC No.22111 of 2019(2) dt.08-11-2019 2/2 This Court is not ready to accept the submissions made by learned counsel for the petitioner to the aforesaid extent. In public interest litigations, the Hon'ble Division Bench of this Court has been consistently directing the administration to remove the encroachments and keeping the same in mind it would not be appropriate for this Court to entertain this kind of writ application.

This writ application has, thus, no merit. It is dismissed accordingly.

(Rajeev Ranjan Prasad, J) arvind/- U