IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10453 of 2005 Birendra Nath Mishra, son of Late Hari Shankar Mishra, resident of MIG-1, New Housing Colony Dalpatpur Chandwa Arrah, District – Bhojpuor. At present residing at Patna, c/o Ram Sajan Singh, Saristabad Road Kachhi Talab, Gardanibagh, Patna – 01 ……………… Petitioner Versus 1. The Bihar State Housing Board, Patna through its Managing Director 2. The Managing Director Bihar State Housing Board, Patna 3. The Superintending Engineer, Bihar State Housing Board, Patna 4. The Additional Secretary, Bihar State Housing Board, Patna 5. The Executive Engineer, Bihar State Housing Board, Arrah ……………….. Respondents ---------------------------------- 02. 09.11.2011 Heard learned counsel for the State and learned counsel for the Bihar State Housing Board. The petitioner has moved this Court for a direction to the respondents to ensure that the open land in the Scheme in which the petitioner has also been allotted a quarter, is kept encroachment free and is made safe for inhabitation. Counter affidavit has been filed in which it has been stated that there is road which is for the public and which cannot be encroached upon by any person for his private use. This Court is constrained to observe that the respondents have preferred not to answer the averments made in the writ petition and have tried to skirt the issue. The issue was very simple. The petitioner has a genuine and legal right to enjoy the fruits of his allotment in the Scheme of the Housing Board with peace and security. He has specifically alleged that the land of the Board is being encroached by outsiders and also, because of non- demarcation, it is being used by people not authorized to do so. 2 This Court also finds that such expectation by the petitioner is legitimate. In the facts and circumstances of this case, this Court directs the Managing Director of Bihar State Housing Board to ensure that the scheme in which the petitioner has been allotted a quarter is made encroachment free from any unauthorized occupation and also that necessary demarcation is made, so that only authorized persons are able to use the land meant for such Scheme. If he requires any help from the local administration, he may do so by approaching them. Let appropriate action be taken in the matter and proceedings taken to their logical conclusion expeditiously and in any case within six months from the date of production / receipt of a copy of this order upon the Managing Director. The writ petition stands disposed off with the aforesaid directions. SKM (Ahsanuddin Amanullah, J.)