IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8456 of 2010 1. RAJARAM SINGH S/O LATE HARIHAR RAI R/O MOHALLA- SAKETPURI MAIN ROAD, P.S. PATRAKARNAGAR, DISTT.- PATNA 2. AMARNATH PRASAD S/O SRI YADUNANDAN PRASAD R/O MOHALLA- SAKETPURI MAIN ROAD, P.S. PATRAKARNAGAR, DISTT.- PATNA 3. MUNINDRA KUMAR SINHA S/O LATE JAGDISH PRASAD SINGH R/O RAGHU HARI COMPLEX, SAKETPURI MAIN ROAD, P.S. PATRAKARNAGAR, DISTT.- PATNA 4. NAVEEN KISHORE S/O LATE NAND KISHORE PRASAD R/O RAGHU HARI COMPLEX, SAKETPURI MAIN ROAD, P.S. PATRAKARNAGAR, DISTT.- PATNA 5. MUNNA RAI S/O LATE RAM KISHUN RAI R/O SAKETPURI MAIN ROAD, P.S. PATRAKARNAGAR, DISTT.- PATNA. …. Petitioners. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, PATNA 3. THE SENIOR SUPERINTENDENT OF POLICE, PATNA 4. MUNICIPAL COMMISSIONER PATNA MUNICIPAL CORPORATION, PATNA 5. SUB-DIVISIONAL OFFICER SADAR, PATNA 6. CIRCLE OFFICER, PHULWARI, PATNA 7. OFFICER-IN-CHARGE PATRAKARNAGAR POLICE STATION, PATNA. .. Respondents. ----------- For the petitioners : Mr. Ban Bahadur Jha, Adv. For the respondents : Mr. Roy Shivaji Nath, AAG-4. ----------- 2. 14.05.2010 In this writ application, the five petitioners have made the following prayers: “1. That this writ application is being filed in Public Interest issuance of writ in the nature of mandamus commanding the respondents to ensure removal of encroachment over 40 feet wide public road at Mouza Jaganpura, Saketpuri, Vijaynagar, Patna, which is being unauthorisedly encroached by 2 vested interests, narrowing down the road from 40 feet to hardly 15 feet, causing serious inconvenience to the local residents, at the cost of the public nuisance. This writ application is also being filed for commanding the respondents to see that no unauthorized person interfere into the smooth running of the road and such unauthorized person should not be allowed to create nuisance, in any manner. This writ application is also being filed for other reliefs as well. Mouza Jaganpura is a revenue village from the northern flank of the said village 40 feet wide road exist from east to west. The petitioners land are situated at either flank of the said public road but they have a lot of inconvenience in using the road in as much as various entry exist point of the plots are being illegally encroached. The petitioners have been invoking the jurisdiction of the local authorities including the local police station, Municipal Authority as also the district authorities, but in vain. None of the respondents are taking any steps for removal of the encroachment, not even a proceeding have been initiated to clear out the public road, causing serious inconvenience of the public at large. The anti social elements, who have encroached the road, are also serious law and order problems for the local residents who not even dare to raise their voice against such persons though approached the authorities, but in vain.” From a plain reading of the aforementioned relief it would be clear that the petitioners have a 3 grievance with regard to encroachment with Public Road in the heart of the town of Patna. Such responsibility has to be discharged by the authorities of Patna Municipal Corporation (P.M.C.) because it is for them to be satisfied whether there is actually a 40(forty) feet road in existence in the plan of P.M.C. as claimed by the petitioners. The role of the Collector, Patna and/or Senior Superintendent of Patna to whom the petitioners have claimed to have moved for removal of encroachment seems to be only subsidiary in nature because unless the Patna Municipal Corporation and its Municipal Commissioner comes to a finding that there is an encroachment as alleged by the petitioners on public road, its removal cannot be resorted to by the District Administration. In that view of the matter, this Court would only give liberty to the petitioners to approach the Municipal Commissioner of Patna Municipal Corporation by filing a compact representation along with necessary evidence as with regard to their claim of encroachment over public road. In the event such encroachment is found the same may be removed but only after giving notice and/or 4 opportunity of personal hearing to the concerned persons who allegedly have encroached the public road. The Municipal Commissioner of the Patna Municipal Corporation must pass order for removal of such encroachment, if there be such encroachment on public land strictly in accordance with law. In the event, such order for removal of encroachment is passed; it would be also the obligation of the authorities of the Patna Municipal Corporation to get the same removed with the help of district administrative which must co-operate with the authorities of Patna Municipal Corporation. With the aforementioned observations and directions, this writ petition is disposed of. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)