IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6953 of 2006 SRI RAMESH TIWARY, AGED 73 YEARS, SON OF LATE YOGENDRA TIWARY, RESIDENT OF VILLAGE- HATHSARGANJ, P.S. HAJIPUR (NAGAR) DISTRICT- VAISHALI AT PRESENT RESIDING AT NEW AREA, MORABADI (WEST) P.S. BARIATU, TOWN AND DISTRICT- RANCHI :---PETITIONER. Versus 1. THE STATE OF BIHAR 2. CHAIRMAN, HAJIPUR NAGAR PALIKA, HAJIPUR, DISTRICT- VAISHALI. 3. MAHESH TIWARY, SON OF LATE YAMUNA PRASAD TRIPATHI. 4. PRABHUNATH TIWARY, SON OF LATE YAMUNA PRASAD TRIPATHI. 5. TIRTHESH KUMAR TIWARY, SON OF LATE YOGENDRA TIWARY. 6. RAJIV KUMAR TIWARY, SON OF LATE DINESH TIWARY. 7. AWDHESH TIWARY, SON OF LATE YOGENDRA TIWARY. 8. GOPAL KUMAR TIWARY, SON OF RAJESH TIWARY. ALL RESIDENT OF VILLAGE- HATHRASGANJ, P.S. HAJIPUR (NAGAR), DISTRICT- VAISHALI :---RESPONDENTS. ----------- 2. 11.04.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is permanent resident of Village- Hathsarganj, P.S.- Hajipur (Town), District- Vaishali where he has his ancestral house. The municipal road nearby has been encroached upon by Private Respondent Nos. 3-8 who have raised construction over the flank and the municipal road as also on their portion of the raiyati land without obtaining sanction from the municipality. In this connection petitioner has invited the attention of the Chairman of the Hajipur Municipality under letter dated 03.01.2005, Annexure-3 and 13.04.2006, Annexure-3/1 but the two applications are not attended to by the authorities of the municipality. 3. During the pendency of this writ petition for 2 about four years neither the counsel for the State nor the authorities of the municipality have filed any counter affidavit disputing the averments made in the writ petition that the authorities have not taken any action pursuant to the request contained in letter dated 03.01.2005 and 13.04.2006, Annexures 3 and 3/1. 4. This writ petition is, accordingly, disposed of directing the petitioner to serve on the Chief Executive Officer of the Municipality copy of the aforesaid letter dated 03.01.2005 and 13.04.2006 along with a copy of this order so as to enable the authorities of the Municipality to consider the request made in the two letters and pass appropriate order and if any encroachment over the road/flank and construction raised without sanction of the map is found the same should be demolished as early as possible, in any case within a period of two months from the date of the order of the authorities of the Municipality. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)