IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15770 of 2009 SAROJ DEVI W/O SRI BHARAT MISHRA R/O MOHALLA PAKARI NEAR INDIAN OIL GAS AGENCY, PAKARI, P.S.NAWADA, DISTT- BHOJPUR(ARRA)………..PETITIONER. VERSUS 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY BIHAR, PATNA 2. THE INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, PATNA 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RANGE PATNA 4. THE SENIOR SUPERINTENDENT OF POLICE, PATNA 5. THE RAJYA SOOCHANA AAYOG, 4TH FLOOR, SOOCHANA BHAWAN, BELI ROAD, PATNA , THROUGH ITS REGISTRAR, PATNA 6. THE COLLECTOR, PATNA 7. THE PATNA NAGAR NIGAM , MAURYA LOK COMPLEX PATNA -800001, THROUGH ITS ADMINISTRATOR 8. SRI BINOD KUMAR SINHA S/O RAM PRASAD SINHA R/O MOHALLA MAHARAJGANJ, P.S. ALAMGANJ, DISTT- PATNA ………..RESPONDENTS. For the petitioner : Mr. Kaushalesh Choudhary, Advocate. For the State : Mr. Sanjeev Kumar Singh, AC to SC 21 For Patna Municipal Corporation : Dr. Poonam Kumari Singh, Advocate. ----------- 02/ 02.08.2010 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for Patna Municipal Corporation. 2. This writ petition has been filed by the petitioner for directing the respondents authorities to remove encroachment made by private respondent no.8 over the public road and also to take appropriate action against respondent no.8, who constructed commercial complex, namely godown in a residential area. 3. Leaned counsel for the petitioner submits that the land of respondent no.8 is just adjacent to the house of the petitioner and by illegal activities of respondent no.8 not only the 2 petitioner but also the other residents of the area are adversely affected. Learned counsel for the State and Patna Municipal Corporation vehemently opposes the contentions of learned counsel for the petitioner. 4. From the facts and circumstances of the case, it is quite apparent that encroachment can be removed by the authority duly appointed under section 3 of the Bihar Public Land Encroachment Act 1956. Hence, if the petitioner files an application under section 3 of the Act before the Collector under the Act along with a copy of this order within fifteen days, the said authority shall consider the same and make appropriate enquiry and after hearing the parties decide the matter within four months thereafter. 5. So far the question of construction of commercial complex, namely godown in a residential area is concerned, the authority to decide such matter is the Patna Municipal Corporation. Hence, if the petitioner files an application before the Commissioner, Patna Municipal Corporation (respondent no.7) within fifteen days along with a copy of this order, the said authority shall make enquiry and after hearing the parties decide the same by a speaking order in accordance with law within four months thereafter. 6. With the aforesaid observations/directions this writ petition is disposed of. harish/ ( S. N. Hussain, J. )