IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.18699 of 2010
1. Municial Tax Payers Association, Mangal Bazar, Katihar,
P.S. and District Katihar, through its Secretary, Prabhulal
Parmar, Son of Deo Ram Parmar, P.S. and District
Katihar
2. Surendra Kumar Jha, S/o late Jaydeo Jha, resident of
Naya Tola, Katihar, P.S. and District Katihar
......Petitioners
Versus
1. THE STATE OF BIHAR
2. The District Magistrate, Katihar
3. The Superintendent of Police, Katihar
4. The Chairman, Nagar Nigam, Katihar
5. The Executive Officer, Nagar Nigam, Katihar
6. Tarkeshwar Prasad, M.L.A. Katihar
...... Respondents
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For the petitioners : Mr. Raj Kumar, Advocate
For the State : Mr. Ajay, S.C. 24
For the Respondent : Mr. Naresh Kumar Sinha, Advocate
Nos. 4 and 5
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3 16.12.2010 Heard the parties.
The petitioner has approached this Court in
public interest seeking a direction upon the District
Magistrate, Katihar to remove fresh encroachment by
vendors upon Dr. Rajendra Prasad Path in the town of
Katihar and further to ensure that such encroachment
does not recur.
It appears that earlier directions were issued
for the same purpose not only in writ jurisdiction but
action was taken in contempt also. However, allegedly
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the vendors have again encroached upon the limited
space on the road called as Dr. Rajendra Prasad Path in
Katihar.
It is recurring problem not only in Katihar but in
all the major towns of Bihar including in capital town at
Patna. The problem needs to be supervised by highest
level so that the right of the public to travel and move
safely on public roads is not totally subjugated to the
rights of the vendors to sell their mercantile on the road.
It is expected that such problems shall be solved by the
Government at the highest level without any delay
otherwise the people will continue to face difficulties
even in walking on roads what to say about plying their
vehicles. For this purpose, let a copy of this order be
given to the learned counsel for the State for being
communicated to the Chief Secretary, Bihar, who is
expected to communicate to this Court whatever
decision is taken to solve the aforesaid problem within
a period of three months.
Within the same period of three months, the
District Magistrate, Katihar will try his best to solve the
problem in question upon the road.
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Let this matter be listed under the same heading
after three months.
(Shiva Kirti Singh, J.)
Spd/- ( Dr. Ravi Ranjan, J.)