IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No. 10155 of 2010 ========================================= Yogendra Prasad Singh s/o Motilal Singh, r/o village manpura, P.O. Manpura, P.S. Bangra, Samastipur …………… Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna 2. The Secretary, Health Department, Govt. of Bihar, Patna 3. The Joint Secretary, Helath (Indigenous Systems of Medicine, Govt. of Bihar, Patna 4. The Deputy Director (Ayurvedic) ISM, Govt. of Bihar, Patna 5. The Commissioner, Darbhanga Division, Darbhanga 6. The District Magistrate, Samastipur 7. The Sub-divisional Officer, Samastipur 8. The Superintendent of Police, Samastipur 9. The District Indigenous Medical Officer, Samastipur 10. The Executive Officer, Municipality (now- Nagar Parishad), Samastipur 11. The Ayurvedic Medical Officer, Samastipur 12. The Officer Incharge Muffasil Town Thana, Samastipur 13. The Civil Surgeon, Samastipur 14. The Executive Enginer Building Construction Department, Samastipur 15. The S.D.O. PWD, Samastipur ………. Respondents ================================================= APPEARANCE For the Petitioner : Mr. Manish Mr. S. Kumar , Advocates For the State : Mrs. Nivedita Nirvikar, GP XVI For the Respondent no.10: Mr. Durga Nand Jha, Advocate ================================================ CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 10/8/2010 This petition under Article 226 of the Constitution is filed in public interest by one Yogendra Prasad Singh. It is the complaint of the petitioner that the Government land 2 allotted for Ayurvedic dispensary is encroached upon by certain persons and the respondent authorities are unmindful of the encroachment. Learned advocate Mrs. Nivedita Nirvikar has appeared for the State. She has filed the counter affidavit. It is admitted that in one corner of the land certain shops have been constructed by the respondent no.10, the Executive Officer, Samastipur Municipality. Such shops have been allotted to private persons. She has further submitted that inquiry is required to be made whether that portion of the land forms part of the dispensary and whether the Municipality has any right or interest in the said land. She has produced copy of the letter dated 9th August 2010. On 9th August 2010, the District Magistrate, Samastipur has directed inquiry to be made by the Circle Officer. In view of the inquiry ordered by the District Magistrate, no further order is required to be made on this petition except that the inquiry will be completed within three months from today. Copy of the inquiry report will be placed on the record of this petition. In the event, the land is found to be encroached upon, immediate action will be taken to remove the encroachment. 3 The writ petition is accordingly disposed of. Copy of this order will be sent to the District Magistrate, Samastipur and the Executive Officer, Samastipur Municipality. Neyaz/ ( R. M. Doshit,CJ.) (Jyoti Saran, J.)