IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No. 19259 of 2010.
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Rajdeo Tiwary, son of late Chandradeo Tiwary, R/o Village - Gopalpur,
P.S. Bhagwanpur, Dit. Siwan ...................................... Petitioner
Versus
1. The State of Bihar through Secretary, Dept. of Urban Development,
Govt. of Bihar, Patna,
2. The Secretary, Dept. of Urban Development, Govt. of Bihar, Patna,
3. The Nagar Parishad, District Siwan through its Chairman, Nagar
Parishad, Siwan,
4. The Chairman, Nagar Parishad, Siwan,
5. The District Magistrate, Siwan,
6. The Executive Officer, Nagar Parishad, Siwan ..... Respondents.
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APPEARANCE
For the petitioner: Miss Kalpana, Advocate.
For the respondents:
Mr. R.C.P. Bharti, SC XIV,
Mr. Md. Aslam Ansari,
Mr. Ajay Kumar, ACs to SC to XIV and
Mr. Ravi Bhushan Verma, Advocate.
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CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2. 25.11.2010. The petitioner complains about encroachment on
a public road in Mahadeva Mohalla in Siwan town.
Earlier the petitioner had approached this Court
in CWJC No. 3973 of 2010 in the same subject matter. By
the order dated 08.03.2010 the petitioner was directed to
approach the concerned authority under the Bihar Public
Land Encroachment Act, 1956 (hereinafter referred to as
2
`the Act’). The petitioner did approach the Siwan
municipality in the subject matter. The Siwan municipality
has, under the order dated 04.08.2010, rejected the request
on the ground that the encroachment complained of is on a
private land and not on a public land. Feeling aggrieved the
petitioner has preferred this petition in public interest.
As it has been held that the encroachment in
question is not on a public land, the authority under the Act
cannot be invoked. If aggrieved, the petitioner has statutory
remedy of appeal under Section 11 of the Act. The petition
in the present nature is not maintainable.
The petition is dismissed in limine.
( R.M. Doshit, CJ )
Dilip ( Jyoti Saran, J )