Patna High Court - Orders
Birendra Prasad Roy vs The P.R.D.A. &Amp; Ors on 5 April, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6484 of 2006
Birendra Prasad Roy son of Late Chandeshwar Prasad Roy, resident
of Flat no. 144, Patliputra Colony, P.O. and P.S.- Patliputra, District-
Patna .... .... Petitioner
Versus
1. The Patna Regional Development Authority through its Vice-
Chairman, Maurya Lok Complex, Patna
2. The Vice- Chairman, P.R.D.A., Maurya Lok Complex, Patna
3. The Director, P.R.D.A., Maurya Lok Complex, Patna
4. The Assistant Engineer (West), P.R.D.A., Maurya Lok Complex,
Patna ... ... Respondents
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02/ 05.04.2011Heard learned counsel for the parties.
2. Petitioner is resident of plot nos. 1248 and 1249, appertaining to Khata Nos. 502 and 503 of Thana No. 2, South Patelnagar, Patna. He has filed the writ petition praying, inter alia, to direct the competent authority of Patna Regional Development Authority (hereinafter referred to as the PRDA) now Panta Municipal Corporation (hereinafter referred to as the P.M.C.) to remove encroachment from Manas Path, which is under encroachment by Sri Rajnandan Singh Yadav and others, who, according to the petitioner, have taken the entire Manas Path within their boundary wall. In this connection, petitioner has invited the 2 attention of the then Vice-Chairman of the PRDA under representation dated 9.1.2006, copy whereof is contained in Annexure-3 to this application. It is, however, submitted by the counsel for the petitioner that the said application is gathering dust in the office of the erst while PRDA now P.M.C. and no action has been taken against the encroachers of the Manas Path.
3. This matter has remained pending in this Court for about five years, but till date no counter affidavit has been filed in the matter disputing the contention raised in the petition. In the circumstances, I deem it expedient to direct the petitioner to appear before the Municipal Commissioner, Patna and to place before him the application dated 9.1.2003, Annexure-3 along with a copy of this order whereafter the Municipal Commissioner should get the Manas Path measured and if any portion thereof has been encroached by Sri Rajnandan Singh Yadav or any other resident of the area then to get the same cleared of all the encroachment as early as possible, in any case 3 within two months from the date of appearance of the petitioner before the Municipal Commissioner, Patna.
4. The writ petition is, accordingly, disposed of.
Arjun/ (V. N. Sinha, J.)