VIMAL SAW @ VIMAL GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenging the judgment dated 23.11.2016, the original writ petitioner in CWJC No. 17727 of 2016 is before us in this intracourt appeal. By the impugned judgment the learned Writ Court has dismissed the Writ Application preferred by the petitioner against the order dated 09.07.2014 passed by the Nagar Executive Officer, Nagar Parishad, Sasaram.

(2.) It appears that the petitioner got aggrieved by the order dated 09.07.2014 passed by the Nagar Executive Officer, Nagar Parishad, Sasaram, as contained in Annexure-3 to the Writ Application. A perusal of Annexure-3 to the Writ Application would show that the same has been passed in the light of the order of this Court dated 16.07.2013 passed in CWJC No. 13236 of 2012 (Sanjeev Gupta @ Chunilal Vs. State of Bihar & Ors.) .

(3.) The allegation against the petitioner-appellant is that in the common street of Nagar Parishad, the petitioner had got constructed a platform (Chabutara) and had also constructed a Chhajja which were in the nature of encroachment. The concerned authorities conducted a local inspection with the help of Amin and, on receipt of the report of the Amin, it was found that this petitioner had encroached upon the common street. In these circumstances, the petitioner was directed to remove the encroachment failing which it was ordered to be removed by following the established procedure.