IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1562 of 2007 Amit Upadhyay, Advocate, Son of late Dharam Nath Upadhyay, Resident of Rental Flat No.285, Lohiyanagar, P.S. Kankarbagh, District- Patna ----- Petitioner. Versus 1. The State of Bihar 2. Sri Surendra Prasad Sinha, I.A.S. Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna. 3. Sri Md. Anwar Alam Manzar, Managing Director, Bihar State Housing Board, Patna. 4. Sri P.N. Choudhary, Executive Engineer, Patna Division No.1, Bihar State Housing Board, Kankarbagh, Patna. 5. Sri Rana Awadhesh Singh, City Commissioner-cum-Vice Chairman, P.R.D.A. (Dissolved). 6. Sri Raj Kishore Singh, Chief Engineer, Patna Municipal Corporation, Patna. 7. Dr. B. Rajinder, I.A.S. District Magistrate, Patna. ----------- Opposite Parties. --------- 2. 20.4.2009 Heard Mr. Shanti Pratap for the petitioner, and Mr. Sabir Ahmad for the Bihar State Housing Board. None appears on behalf of the opposite parties. This application has been filed for the alleged non-implementation of the order dated 27.11.1998 (Annexure-1), passed in C.W.J.C. No.2290 of 1990 (Arun Kumar Mukherjee Vrs. The State of Bihar & Ors.), whereby direction was issued to remove encroachments on the roads in Patna. It is stated on behalf of the petitioner that the Bihar State Housing Board has allotted portions of road in Kankarbagh colony in the township of Patna which now form plot nos. 458 and 361 astride the road as a result of which the width of the road is substantially reduced. It appears to us that this is not encroachment at the instance of the allottees and, therefore, does not appear to be in violation of the order in question. 2 On the own showing of the petitioner, it prima facie appears to be a case of wrong allotment. We, therefore, permit the petitioner to withdraw this application with the liberty to raise the issue before the appropriate forum. This application is dismissed. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)