IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11045 of 2008
Lalita Devi, Wife of Sri Baleshwar Singh, Resident of Village Majhaua, PS Ara Town, District
Bhojpur. ----- Petitioner.
Versus
1. The State Of Bihar through Secretary, Urban Development Department, Patna.
2. The Ara Municipal Corporation, through Municipal Commissioner (Nagar Aukta), Ara.
3. The Municipal Commissioner (Nagar Aukta), Ara Municipal Corporation, Ara.
4. Bharat Sah, Son of name not known to the petitioner, Resident of Village Majhaua, PS Ara
Town, District Bhojpur. ------ Respondents.
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4 3.11.2011 The order impugned is rather vague as
it appears that it does not really clarify the
disputes in question. The question is whether
Plot No. 1731 (1721) is a public road or a
private road.
The petitioner had made an allegation
that the private respondent was making
construction on the lane which is according to
the order of the Municipal Commissioner a
private road.
Learned counsel for the respondents on
the other hand submits that he is making
construction on his own land which is Plot No.
1725 and as such, the petitioner cannot make
any complaint with respect to encroachment as
he is not encroaching upon her land or the land
on which the alleged road is situated.
It goes without saying that if it is a
private land, no encroachment proceeding would
lie, however, if the road is a public road then
2
obviously encroachment proceedings can be
initiated if it is found that the petitioner
has made construction over the public road. At
present, there is no material to indicate that
the road is a private road.
In view of the aforesaid facts, I see
no illegality in the order of the Municipal
Commissioner, (Nagar Aukta), Ara Municipal
Corporation, Ara.
This writ application is thus,
dismissed.
Sanjay (Sheema Ali Khan, J.)