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Patna High Court - Orders

Maheshwar Prasad Sinha vs The State Of Bihar & Ors on 10 November, 2009

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No 14161 of 2009
1. MAHESHWAR PRASAD SINHA S/O LATE NAGESHWAR PRASAD SINHA MOH.-
DUJRA CHAK, P.S.- BUDHA COLONY, DISTT.- PATNA
                                   Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE PATNA
3. THE SUB. DIVISIONAL OFFICER PATNA
4. PATNA MUNICIPAL CORPORATION THROUGH THE CHIEF TOWN COMMISSIONER
BUDHA MARG PATNA- 800001
5. THE CHIEF TOWN COMMISSIONER PATNA MUNICIPAL CORPORATION, PATNA
6. KALLU PASWAN @ AKLU PASWAN S/O SAHBIR PASWAN MOHALLA DUJRA
CHAK, P.S. BUDHA COLONY, DISTT.- PATNA
7. RAMCHANDER PASWAN S/O SAHBIR PASWAN MOHALLA DUJRA CHAK, P.S.
BUDHA COLONY, DISTT.- PATNA
8. YUGAL PASWAN S/O RAMCHANDER PASWAN MOHALLA DUJRA CHAK, P.S.
BUDHA COLONY, DISTT.- PATNA
9. DURGA PASWAN S/O RAMCHANDER PASWAN MOHALLA DUJRA CHAK, P.S.
BUDHA COLONY, DISTT.- PATNA
10. KAMLESH PASWAN S/O RAMCHANDER PASWAN MOHALLA DUJRA CHAK, P.S.
BUDHA COLONY, DISTT.- PATNA
11. UMESH PASWAN S/O KALLU PASWAN MOHALLA DUJRA CHAK, P.S. BUDHA
COLONY, DISTT.- PATNA
12. KUMESH PASWAN S/O KALLU PASWAN MOHALLA DUJRA CHAK, P.S. BUDHA
COLONY, DISTT.- PATNA
13. MUKESH PASWAN S/O KALLU PASWAN MOHALLA DUJRA CHAK, P.S. BUDHA
COLONY, DISTT.- PATNA
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2    10.11.2009

The petitioner states that there is an alleged public park of about 8 feet and 100 feet in length. He has alleged that some persons have encroached almost 3 feet thereof leaving very narrow passage of about 5 feet. He states that he had made a representation to the authorities of the Patna Municipal Corporation and the District Magistrate but nothing has been done. He further states that Case No 242 of 2006 has been initiated by the Subdivisional Magistrate, Patna in terms of Section 133 of Criminal Procedure Code against the said persons in which police, under Memo No 1270 of 2006 dated 22.05.2006, has submitted a 2 report purporting that encroachments have been made on public road obstructing traffic still it is said that those proceedings are pending and nothing is being done. People are being inconvenienced.

I direct the authorities including Patna Municipal Corporation as well as the Subdivisional Magistrate, Patna to look into the matter and take action appropriate to the facts as they may find in accordance with law at the earliest not later than two months from the date of production of a copy of this order before them.

The writ petition is disposed of with the aforesaid direction.

M.E.H./                                      (Navaniti Prasad Singh)