RAJBANSHI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks a direction for the removal of the lock put by the officials of the Chapra Municipality over certain room(s) where the petitioner was residing after his forcible ejectment from there.

(2.) THE dispute relates to a portion of Holding No. 26 situate in Ward No. 6, Circle No. 3 of the Chapra Municipality. According to the Municipality the subject matter of dispute in this case was municipal land over which the petitioner had made some unauthorised construction and was in its illegal occupation.

(3.) THEREAFTER the matter seems to have remained dormant for about six years when instead of taking up the earlier proceeding a fresh proceeding was initiated against the petitioner by issuing to him a show cause notice in September, 1984. In that notice, it was stated that it was reported that the petitioner was unauthorisedly constructing boundry wall around a piece of municipal land measuring 40 ' 3" x 4 '. He was accordingly asked to file his show cause by the specified date failing which, the notice said that an order will be passed for his removal from the municipal land.