Research › Search › Judgment

Patna High Court · body

2023 DIGILAW 688 (PAT)

Krishna Kant v. State of Bihar

2023-06-27

MOHIT KUMAR SHAH

body2023
ORDER The present writ petition has been filed seeking the following relief:— “A Mandamus commanding the respondent authorities to take appropriate step against the illegal encroachment over the public road of Mauza - Konch bearing Thana No.- 174, Khata No.- 929, Khesra No. 5777 under Konch Anchal in the district of Gaya (hereinafter referred to as the encroached road in short), whereby and whereunder apparently road is being encroached and despite the direction was given to vacate the encroachment by the competent authority no action was taken.” 2. The District Magistrate, Gaya had filed a counter affidavit on 11.05.2023, wherein it has been stated that though the ingress and egress to the mill of the petitioner is clear and free from any hindrance, however, some encroachment is still existing over the public land in question and since dwellings have been constructed over the public land in question under Indira Awas Yojana, some time would be required to shift the encroachers to an alternative place. 3. Today, the learned counsel for the respondent-State has referred to the supplementary counter affidavit filed on behalf of the District Magistrate, Gaya, wherein it has been stated that the Circle Officer, Konch has identified the land for shifting encroachers after making proper settlement in their favour, whereupon the dwellings in question shall be demolished. 4. At this juncture, the learned counsel for the petitioner has pointed out that one Community Hall constructed by the respondent-authorities is also existing on the public land, which is also required to be removed. 5. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the District Magistrate, Gaya to shift the encroachers from the public land in question as aforesaid, within a period of six weeks from today, whereafter he shall ensure that the dwellings existing over the public land in question, near the mill of the petitioner are demolished, without any further delay. The District Magistrate, Gaya shall also take appropriate action in case the Community Hall in question has been constructed over the public land in question, by passing appropriate orders, within a period of four weeks from today. The writ petition stands disposed off on the aforesaid terms.