IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.980 of 2011 In (CIVIL WRIT JURISDICTION CASE 1867/2005) 1. Raghuwar Sharan S/O Late Ramayan Sharan Shrivastava Resident Of Mohalla-Pokhara Chowk, At & P.O. Narkatiganj, P.S.-Shikarpur, District West Champaran (Bihar). Versus 1. The State Of Bihar Through The District Magistrate, West Champaran At Bettiah. 2. The Sub-Divisional Magistrate, Sub-Divisional Court, Narkatiaganj, P.O.-Narkatiaganj, P.S.-Shikarpur, District- West Champaran. 3. The Nagar Panchayat (Earlier Notified Area Committee), Now Nagar Parishad, Through Its Chairman, Narkatiaganj, P.O.-Narkatiaganj, P.S. Shikarpur, District-West Champaran. 4. The Chairman (Chair Person), Nagar Panchayat (Now Nagar Parishad) Narkatiaganj, P.O.-Narkatiaganj, P.S.- Shikarpur, District-West Champaran. 5. The Executive Officer, Nagar Panchayat (Now Nagar Parishad) Narkatiaganj, P.S. Shikarpur, District-West Champaran. 6. Mr. Madan Choudhary S/O Ramjee Chaudhary Resident Of Mohalla-Pokhara Chowk, At & P.O.-Narkatiaganj, P.S.- Shikarpur, District-West Champaran. For the Petitioner:- Mr. Madan Mohan Prasad & Mr. Manindra Kumar, Advocates For the State:- Mr. Bibhakar Tiwary, AC to SC-21 ---------------------------------- 05. 20.10.2011 01. The present L.P.A. has been filed against the order dated 12.05.2011 passed by the learned Single Judge whereby the writ petition has been dismissed in view of the criminal prosecution launched against the respondent no.6 and charge- sheet submitted against him without however ordering for demolition of the unauthorized construction being the main relief sought in the writ petition. 02. The appellant complaint that the 2 respondent no.6 has made unauthorized construction without obtaining sanction from the authorities and which interferes with the appellant’s easement rights, in respect of which a notice under Section 192 of the Bihar Municipal Act, 1922 has already been issued on 14.7.2004 to the respondent no.6 which was, however, not followed up on. 03. No one has appeared on behalf of Nagar Panchayat, respondent no.3 either Yesterday or today when the matter was called, nor on behalf of respondent no.6 despite valid service of notice. 04. We have heard the submissions made on behalf of the petitioner and the learned counsel appearing on behalf of the State and have perused the materials available on the record. 05. In view of the notice dated 13.7.2004 under Section 192 which still awaits a final result, the present L.P.A. is disposed off with a direction to the Executive officer of the Nagar Panchayat, respondent no.5, to pursue the proceedings initiated thereunder, and to being the same to its logical conclusion irrespective of the fact whether or not the criminal proceeding is pending, by passing a final order after making necessary enquiry and after affording an opportunity of hearing to all the concerned parties, in accordance with law. 3 06. It appears that the said notice under Section 192 of the Bihar Municipal Act 1922 was issued by the Nagar Panchayat, to Sri Mohan Choudhary, respondent no.6 on the basis of allegation made by the appellant to show cause why the unauthorized construction should not be demolished within 48 hours. In reply thereto only a time petition was filed by the respondent no.6, but no reply on merits was furnished. Thereafter, even though criminal proceedings have been launched against the respondent no.6 and others, no follow up action has been taken for demolition of the offending construction which continues to exist illegally despite the aforesaid notice under Section 192. 07. The matter should be finally disposed off by a speaking order within a period of two months from the date of receipt/production of a copy of this order. It is made clear that the proceedings need not be delayed in the event of any default in appearance or cooperation by the respondent no.6. 08. With the above observations the L.P.A. stands disposed off. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)