SATYENDRA NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing of letter dtd. 15/4/2023 issued by the Executive Engineer, Patna Division-1, Bihar State Housing Board, Patna, whereby and whereunder the petitioner has been directed to remove the encroachment made by him qua the flat in question i.e. Flat No. LIG-13/460 as also for depositing the amount of penalty/damages, as directed by the Competent Authority vide order dtd. 5/4/2023 passed in Eviction Case No. 7 of 2022.

(2.) The petitioner has also prayed for directing the respondent authorities to take immediate action and remove illegal occupants who have occupied Lower Income Group flats situated at Hanuman Nagar, Patna. At this juncture itself, it would be relevant to point out that it is not in dispute that the respondent authorities are duty bound to remove illegal occupants and in fact this Court as also co-ordinate Benches of this Court have from time to time issued appropriate directions for removal of the illegal occupants, hence no further direction is required to be issued, specially in view of the submission of the Ld. Counsel for the respondent Housing Board to the effect that respondents have already taken steps to evict the illegal occupants and further no stone would be left unturned to ensure that all the illegal occupants are evicted.

(3.) The learned counsel for the petitioner has raised a solitary ground in respect of the first prayer made in the present writ petition to the effect that since the petitioner has challenged the eviction order dtd. 5/4/2023, passed by the Competent Authority, in Eviction Case No. 7 of 2022, by filing an appeal under Sec. 60 of the Bihar State Housing Board Act, 1982 (hereinafter referred to as the 'Act, 1982'), it would be deemed that the order passed by the Competent Authority in the Eviction Case has been stayed till the disposal of the said appeal, thus the impugned letter dtd. 15/4/2023, issued by the Executive Engineer, Patna Division-1, Patna, is not sustainable in the eyes of law, hence is fit to be set aside.