IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11447 of 2009 Ramdeo Mahto, Son of Late Raghunath Mahto, Resident of Village Barwat Pasrain, PS Bettiah, Mufasil, District West Champaran. ----- Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Department of Urban Development, Government of Bihar, Patna. 3. The District Magistrate, West Champaran at Bettiah. 4. The Commissioner, Tirhut Pramandal, Muzaffarpur. 5. The Sub-divisional Officer, Bettiah Sadar, District West Champaran. 6. The Circle Officer, Bettiah, District West Champaran. 7. The Bettiah Nagar Panchayat through Executive Officer, Bettiah, District West Champaran. ----- Respondents. ----------- 4 14.11.2011 Heard the parties. This writ application has been filed praying therein that the respondents should give compensation of Rs. 40,000/- to the petitioner for demolishing the shop over Khata No. 6505 over 2 dhurs of land. The facts are that the petitioner applied for settlement of land in order to enable him to build a shop over Plot No. 6505. The petitioner also deposited a sum of Rs. 10,000/- for construction of the shop. In any event, the matter was referred to the Municipal Corporation when it was discovered that the land belonged to the Municipality and was recorded as “Nala Khas”. The Executive Officer of the Nagar Parishad by order dated 20.11.2011 had held that the land could not be settled to anybody because it would cause obstruction in the drainage which would result in a problem as the Nala situated in the main market known as Lal Bazar. It appears that the petitioner had in the mean time, constructed his shop over the said piece of land, which has now been demolished. Under the circumstance, there being any sanction for construction of the shop, this Court finds no ground to interferer in 2 this writ application. I also make it clear that since the Municipality has taken a stand that any construction of the said Nala would cause obstruction, steps should be taken to keep it free from encroachment. This writ application is dismissed. Sanjay (Sheema Ali Khan, J.)