MADAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER is aggrieved by the direction of the respondent no. 4, Anchal Adhikari, Hisua at Nawada, to demolish the construction over the culvert made by the petitioner. Contention of learned counsel is that the piece and parcel of land, which the petitioner is enjoying is based on lease agreement entered into between the Zila Parishad and the petitioner. This lease is for the period of 10 years, entered on 25.11.2000. Contention of the petitioner is that he has been using this property through the approach built on the culvert and that is the only approach to the property for its utilization and use. If that approach or the construction on the culvert is demolished, the property cannot be utilized at all in absence of any egress or ingress. From perusal of record of this writ application, the construction over the socalled culvert has also been a matter of dispute before this Court earlier too. it seems several other persons have also made construction over the culvert and when it was sought to be demolished for the reasons that it was coming in the way of easy flow of water etc. the State Food & Civil Supplies Corporation petitioner approached this Court way back in the year 1998. After due deliberation vide a final order dated 8.2.1999, the writ application was disposed of with a categorical direction that the construction on the culvert, which was made into a double storied shall be demolished.

(3.) ANOTHER observation of the Court was that similarly situated persons should be treated equally. This aspect was observed by the Court in view of the allegation made by the petitioner that ire of the respondents is directed only against him.