Arun Kumar vs The State Of Bihar
2023 Latest Caselaw 3681 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7500 of 2023
     ======================================================

Arun Kumar Son of Late Ram Lakhan Sharma Resident of Sai Kripa, Shri Krishnapuri, Jay Prakash Path (Boring Road), P.S. Shri Krishnapuri, Patna- 800001.

... ... Petitioner/s Versus

1. The State of Bihar Through the Chief Secretary, Sardar Patel Bhawan, Jahwaharlal Nehru Marg, Patna-800023.

2. The Collector, Patna-800001.

3. The Sub-Divisional Magistrate, Sadar, Patna-800001.

4. The Sub-Divisional Magistrate, Pana City, Patna-800008.

5. The Sub-Divisional Magistrate, Danapur, Patna-801503.

6. The Senior Superintendent of Police, Patna-800001.

7. The Superintendent of Police, Traffic, Patna-800001.

8. The Commissioner, Patna Municipal Corporation, Maurya Lok, Patna-

800001.

9. The Executive Engineer, New Capital Road Division, Patna-800001.

10. The Union of India Through the Divisional Railway Manager, East Central Railway, Danapur Division, Khagaul, Patna-801105.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar ( In Person ) For the Respondent/s : Dr. K. N. Singh, Additional Solicitor General Mr. Tuhim Shankar, Advocate Mr. Sanjeev Kumar, Advocate Mr. Shivaditya Dhari Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-08-2023

The writ petition is filed as a public interest

litigation with omnibus prayers based on newspaper reports

regarding encroachments on pavements/footpaths/beneath

flyovers, over underground drains and so on and so forth. None Patna High Court CWJC No.7500 of 2023 dt.10-08-2023

appeared for the petitioner when the matter was called.

2. We are of the opinion that such omnibus prayers

cannot be granted by this Court for removal of encroachment

and especially when there is a specific enactment to enable

removal of encroachments. The procedure under the Bihar

Public Land Encroachment Act, 1956 has to be followed and no

public interest litigation would lie for such omnibus prayers.

3. The writ petition would stand dismissed.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J)

sharun/-

AFR/NAFR
CAV DATE
Uploading Date          17.08.2023
Transmission Date