IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6922 of 2008 BHAGWAN BUDHA SMARAK VIKAS SAMITI Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Rajeev Verma, Sr.Advocate with Mr. Rajneesh For the State : Mr. S.K. Ghosh, AAG III For the PMC : Mr. Chandra Shekhar, Sr.Advocate with Mr. B. B. Kumar Singh --- 4. 13.5.2008. The complaint of the petitioner in this public interest litigation is about illegal encroachments in and around Budh Murti in Mohalla kadam Kuan in the town of Patna. When the matter was taken up on 30th of April, 2008, assurance was given to the Court that illegal encroachment in and around Budh Murti and its adjoining areas shall be removed and cleaned immediately. Thereafter, the matter was taken up on 12.5.2008, when it was brought to our notice that assurance given, has not fructified. Accordingly, we directed for personal appearance of the District Magistrate as also the Municipal Commissioner, Patna. In pursuance of the said order, they have appeared before us. It has been stated that encroachments in and around Budh Murti have been removed. The Municipal Commissioner states that the area has been cleaned and the cleaning operation shall go on at regular intervals. 2 Petitioner admits that encroachments have been removed, but apprehended that it may recur in future. Having heard Mr. Verma for the petitioner, AAG III for the State and Mr. Chandra Shekhar for the Patna Municipal Corporation, we deem it expedient to direct the District Magistrate, Patna Senior Superintendent of Police, Patna as also the officer-in-Charge of Kadam Kuan Police Station within whose territorial jurisdiction, Budh Murti is located, to see that encroachment does not recur in future. In case any attempt is made to encroach the Budha Murti, the Officer-in-charge of Kadam Kuna Police Station shall prevent it and shall bring the aforesaid fact to the notice of the District Magistrate and the Superintendent of Police. Any deviation in carrying out the aforesaid order, shall be viewed seriously. Application stands disposed off accordingly. Let a copy of this order be handed over to the AAG III and the Counsels representing the petitioner and Patna Municipal Corporation. (C.K. Prasad, ACJ) (Kishore K.Mandal) ahk