RATAN LAL CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State who has also filed the counter affidavit on behalf of respondent nos. 7 and 8, Nagar Parishad, Hajipur.

(2.) The petitioners seek a direction upon the Municipalauthorities to stop the illegal construction of public lavatory on Khesra No. 410, Mohalla Pokhra, town Hajipur, P.S. Hajipur Town, District-Vaishali and further to demolish whatever constructions have been made.

(3.) The stand of the petitioners is that a public lavatory for the benefit of the scheduled caste is being constructed on the land belonging to PWD, (at present, Road Construction Department) and no permission of the said Department was taken for the same. The construction of the lavatory greatly affected the petitioners who have been coming in peaceful ownership and possession over Khata No. 317, Khesra Nos. 461 (ka), (Kha), 463, 431 and 459 in the same area where they have their residential houses and shops next to the lands where construction of the public toilets were started, thereby also obstructing the egress and ingress to the said shops. It is submitted that the construction of the public toilet will cut out the petitioners from the main road and create a situation which is unhygienic and inconducive for carrying on business as even the face of the shops will be completely blocked from view. It is also the stand of the petitioners that the land in question has been recorded as a road in the revenue records and thus construction of public toilet thereon would be illegal.