LAWS(PAT)-2015-3-226

MD PARVEZ ALAM Vs. STATE OF BIHAR; PRINCIPAL SECRETARY URBAN DEVELOPMENT AND HOUSING DEPARTMENT; DISTRICT MAGISTRATE, ARARIA; PRINCIPAL SECRETARY ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA; MUNICIPAL COUNCIL, ARARIA; AFSANA PRAWEEN; PARAS KUMAR BHAGAT; RESHAM

Decided On March 23, 2015
Md Parvez Alam Appellant
V/S
State Of Bihar; Principal Secretary Urban Development And Housing Department; District Magistrate, Araria; Principal Secretary Road Construction Department, Government Of Bihar, Patna; Municipal Council, Araria; Afsana Praween; Paras Kumar Bhagat; Resham Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) The matter at issue is encroachment made by the Municipal Council (Nagar Parishad), Araria over the public land belonging to the Road Construction Department, Government of Bihar, which were acquired for widening of public Road in Araria town and consequential prayer of petitioner for removal of such encroachment.

(3.) The petitioner has filed the present writ petition seeking a declaration that the construction of shops made by the Nagar Parishad, Araria over the portion of the land situate in front of Sadar Hospital, Araria is illegal and void. He further seeks a direction to the official respondents for removal of the aforesaid encroachment from the aforesaid public land.