Mukesh Chaudhary vs The State Of Bihar
2024 Latest Caselaw 97 Patna

Patna High Court

Mukesh Chaudhary vs The State Of Bihar on 5 January, 2024

Author: Purnendu Singh

Bench: Purnendu Singh

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.14573 of 2023
     ======================================================
     Mukesh Chaudhary S/o- Baban Chaudhari, R/o- Mill Road Nawada, P.S.- Ara
     Nawada, Bhojpur.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary, Urban Development and
     Housing Department, Govt, of Bihar, Patna.
2.   The Ara Nagar Nigam, Ara.
3.   The Executive Officer, Ara Nagar Nigam, Ara, Bhojpur.
4.   The Collector, Bhojpur.
5.   The Revenue and Land Reforms Department,
6.   The Circle Officer, Bhojpur, Ara.
7.   The Superintendent of Police, Bhojpur, Ara.
8.   The S.H.O. Ara Nawada, Bhojpur, Ara.
9.   Jagtanand Chaudhary, S/o- Baban Chaudhary, R/o- Mill Road Nawada, P.S.-
     Ara Nawada, Bhojpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Ravindra Kumar, Advocate
     For the Respondent/s   :      Mr.Deepak Kumar, AC to AAG 7
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
     ORAL JUDGMENT

Date : 05-01-2024 Heard Mr. Ravindra Kumar, learned counsel

appearing on behalf of the petitioner and Mr. Deepak Kumar,

AC to AAG 7 for the State.

2. Petitioner is aggrieved by the inaction of the Nagar

Parishad, which in a clandestine manner has allowed the

respondent no.9, who is his own brother, to proceed with the

construction without even the map being sanctioned for the said

purpose. Petitioner had filed an application under Right to Patna High Court CWJC No.14573 of 2023 dt.05-01-2024

Information Act but no information was given to him, however,

the petitioner admits that he has not preferred appeal before the

appellate authority.

3. Mr. Ravindra Kumar, learned counsel appearing on

behalf of the petitioner, submits that respondent no.9, with

whom the property relating to khata no.71, khesra No.225, an

area of 4 kathas 10 dhurs have been distributed in equal shares,

cannot be allowed to encroach any part of the petitioner's share

and the area being under the jurisdiction of the Nagar Parishad,

appropriate action is required to be taken by them to stop

respondent no.9 from illegal construction.

4. No one is represented by the Nagar Parisahd.

5. Mr. Deepak Kumar, learned counsel appearing on

behalf of the State, submits that the petitioner has remedy

before the civil court having jurisdiction, if any part of his

private property has been encroached by his own brother.

6. Considering the rival submissions made on behalf

of the parties, this Court finds it proper that the petitioner may

avail remedy with respect to the property falling within the

jurisdiction of competent civil court having jurisdiction.

7. The Executive Officer, Nagar Parishad, Bhojpur,

Ara, is directed to verify whether any map has been sanctioned Patna High Court CWJC No.14573 of 2023 dt.05-01-2024

for construction of building in favour of the respondent no.9. In

case no map has been sanctioned, he may proceed to issue

notice to respondent no.9 and after giving due opportunity of

hearing to all the parties, he may proceed to pass appropriate

order in accordance with law.

8.Alternatively, the parties may avail the appropriate

remedy before the competent civil court having jurisdiction.

9. With aforesaid observation and direction, the

present writ petition stands disposed of.

(Purnendu Singh, J)

Sanjay/-

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Uploading Date          05.01.2024
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