IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5228 of 2006 SRI AMRENDRA KUMAR, SON OF LATE MADAN SINGH RESIDENT OF VILLAGE PANCHU, P.O. HASUWA, P.S. HASUWA, DISTT. NAWADA. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, NAWADA. 3. THE DEPUTY DEVELOPMENT COMMISSSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, NAWADA. 4. THE ZILA PARISHAD, NAWADA. For the petitioner : M/s Rajendra Pd. Singh, Sr. Adv., Navjot Yeshu, Advocates. For the State : Mr. Ram Kishore Singh, AC to AAG-7. For Zila Parishad : Mr. Nikesh Kumar, Advocate. ----------- 04. 18.03.2011 Heard learned counsel for the petitioner, State and the Nawada Zila Parishad. 2. Petitioner is aggrieved by the notice issued by Nawada Zila Parishad dated 2.2.2006, Annexure-1, whereunder Zila Parishad has proposed to raise shops over the lands of the Zila Parishad situate by the side of Hisua-Tilaiya station road, Rajauli in front of sub- station. It is submitted on behalf of the petitioner that aforesaid proposal to raise shop in question is on the land situate by the side of the aforesaid road, which comprises of flank, drain adjacent to the said road. 3. Counsel for the Zila Parishad disputes the aforesaid submission. He states that the shop in question is proposed to be raised over the land of Zila Parisahd, which is abutting the aforesaid road, flank and the drain and it is incorrect to state that the shop is to be raised on the road, flank and the drain. He also submitted that in case, the proposed shop extends to the drain abutting the road, the authorities may be allowed to raise shop over the same by providing 2 pillars in the drain or outside the drain. 4. Having considered the submission of the parties, I am of the view that the Zila Parishad may raise the shops on its land but without encroaching any portion of the road, flank and the drain. In the event, right of way of the petitioner is obstructed, he is at liberty to approach the authorities under Section 133 of the Cr.P.C. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)