KANHAIYA KUMAR PATWA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Anand Kumar, learned counsel for the petitioners, who are 40 in number, Mr. Nikesh Kumar for Respondent No. 4 / District Board, Saran and Mr. Ranjeet Kumar Pandey for Respondent No. 5 / Executive Officer, Nagar Panchayat, Dighwara at Saran.

(2.) The petitioners were allotted shops which were to be constructed on the land of Zila Parishad situated on the northern side of the feeder road of Dighwara Railway Station, pursuant to the general notice issued in that regard. The petitioners had filled up the application form and had also deposited the money required for being considered for being allotted such shops. Midway i.e. before the construction could be completed, the half constructed structure was occupied by encroachers and therefore, the further construction of the shops was stopped on this premise, namely, encroachment. Since the petitioners had spent money and had also deposited extra money under protest as enhanced cost of the shops, they came rushing to this Court under Public Interest Litigation forum for a direction to the concerned respondents for removing the encroachment from the aforesaid structure so that construction could begin in right earnest and thereafter shops be allotted to the respective buyers / allottees / petitioners.

(3.) With the orders of the Court, the encroachment was removed and the writ petition (PIL; C.W.J.C. No. 307 of 2012) stood disposed off.