BISHWAMBHAR NATH PANDEY, SON OF LATE THAG PANDEY Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPART

JUDGEMENT

(1.) Heard Mr. Rajesh Ranjan, learned counsel for the petitioner, Mr. Himanshu Kumar, learned counsel for respondent nos. 5 and 6, Mr. Lokesh Kumar Singh, for respondent nos. 7 and 8 and Mr. Sajid Salim Khan, learned SC-25 for respondent nos. 1 to 4 and 9 to 10.

(2.) The present writ application has been filed for a direction to the respondent authorities to remove the boundary wall illegally constructed by respondent nos. 7 and 8, which completely blocks the access of the petitioner to the public road and further for a direction to the respondent nos. 7 and 8 to remove the other encroachment made on a public road situated in Mohalla - Brahmsthan, behind Siddhi Vinayak Mandir, Narkatiaganj, District - West Champaran.

(3.) The factual matrix of the case is that the petitioner purchased a piece of land appertaining to Khata No. 89, Plot No. 458, Thana No. 111, situated in Mauza Shikarpur through registered sale deed dated 10.01975. The petitioner constructed his house and in front of his house, there was a Payn (water channel) , but subsequently it was filled up and the same is being used as a public pathway by the public at large and the petitioner also uses the same which also connects his house to Block Road, Narkatiaganj. The said Payn/road is situated in Mauza Shikarpur and it works as a boundary between the village Shikarpur and Barwan. Respondent no.7 purchased a piece of land appertaining to Khata No. 39, Plot No.25, situated in Village Barwan, in the year 1968, which is situated adjacent to the other side of the road or Payn. All of a sudden, in the year 2006, respondent nos. 7 and 8 began claiming the road as a part of the purchased land and subsequently constructed a wall across the road, blocking the access of the petitioner to the road.