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2025 DAILYLAW 71054 (PAT)

Gayatri Devi v. The State Of Bihar and Ors

CWJC/16664/2015 · 2025-04-03

Rajesh Kumar Verma

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16664 of 2015 ====================================================== Gayatri Devi wife of Shri Badri Yadav, Gayatri Bhawan, North to Ganpati Apartment Resident of Mohalla - New Puani Chak Hanuman Nagar, Police Station - Shastri Nagar, District - Patna. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Divisional Commissioner, Patna Division, Patna. 3. The Municipal Commissioner, Patna Municipal Corporation, Patna. 4. The District Magistrate, Patna. 5. The Sub-Divisional Officer, Patna Sadar, Patna. 6. The Circle Officer, Patna Sadar, Patna. 7. The Executive Engineer, Patna Municipal Corporation, Nutan Rajdhani Anchal, Harding Road, Patna - 8 8. The Officer Incharge, Shastri Nagar Police Station, Patna. 9. Sri Satyendra Singh son of Sheo Shankar Singh Near Ganpati Apartment, Resident of Mohalla - New Punai Chak Hanuman Nagar, Police Station - Shastri Nagar, District - Patna. 10. Sri Surendra Yadav son of Shivdhari Yadav 11. Sri Vijay Yadav son of Shivdhari Yadav Cement Shopkeeper, Both residents of Mohalla - Sheopuri South, Police Station - Shastri Nagar, District - Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the State : Mr. Anjani Kumar, Sr. Advocate( AAG-6) For the P.M.C. : Mr. Sanjay Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 4 03-04-2025 Heard learned counsel for the petitioner, learned senior counsel for the State and Mr. Sanjay Prakash Verma, learned counsel for the Patna Municipal Corporation. 2. The present writ application has been filed for the following reliefs:- (a) for directing the respondents to Patna High Court CWJC No.16664 of 2015(4) dt.03-04-2025 2/3 remove/demolish the encroachments made by the private respondents and unknown encroachers upon the government garmazarua aam land bearing plot no. 526 situated in ward no.11, New Capital Area, Revenue Circle No. 249 New Punai Chak (Hanuman Nagar), Near Ganpati Apartment, Shastri Nagar, Patna. (b) to grant such other relief or relieves for which the petitioner may be found entitled to in the facts and circumstances of the case as well as in the interest of public. 3. Learned counsel for the petitioner submits that if private respondents have encroached the land in question which was situated in New Punai Chak then despite repeated request to the respondent authorities, the authority has not removed the encorachment over the land in question. 4. A supplementary counter affidavit has been filed on behalf respondent no. 3 personally sworn by the Circle Officer, Patna stating therein that the proceeding is going on over the land in question and next date fixed in the encroachment proceeding is 08.04.2025 and the petitioner has been given notice by the Circle Officer to be present on 08.04.2025. 5. In view of the aforesaid, this writ application is disposed of with a direction to the petitioner to participate in the encroachment proceeding which is still pending before the Patna High Court CWJC No.16664 of 2015(4) dt.03-04-2025 3/3 competent authority (Circle Officer, Patliputra, Patna). 6. With the aforesaid direction/liberty, this writ application stands disposed of. priyanka/- (Rajesh Kumar Verma, J) U