IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.830 of 2009 HARI NARAYAN PRASAD son of Late B. Shah, resident of 16, West Anandpuri, P.S., S. K. Puri, Boring Canal Road, Patna, Town and District Patna. Versus 1. THE STATE OF BIHAR 2. Patna Regional Development Authority through its Vice Chairman, Patna. 3. Vice Chairman, Patna Regional Development Authority, Patna. 4. Vinay KumarSinha, Director, Planning Patna Regional Development Authority, Patna. 5. District Magistrate, Patna. 6. Sub Divisional Magistrate, Patna. 7. Patna Municipal Corporation through its Town Commissioner, Patna. ----------- For the Petitioner :- M/S. Devendra Kumar Sinha, Sr. Advocate Mr. Anil Kumar Singh No. 1. For the Respondents :- Mr. Lalit Kishore, AAG III & Mr. Bishwa Bibhuti Kumar Singh. ------ 3 07/10/2009 Heard learned counsel for the parties. The appellant had preferred C.W.J.C. No. 1056 of 2000 against a threat created by the then Patna Regional Development Authority which has now become a part of Patna Municipal Corporation to demolish a part of the appellant’s boundary wall and his house on the western side situated in Tauzi No. 4453, Thana No. 3, Khata No. 3, Khesra No. 563 of Mauza Rajapur, Holding No. 587-D, Circle No. 247 of Patna Municipal Corporation within Mohalla West Anandpuri, P.S., S. K. Puri, Patna. On the basis of the interim orders passed in the writ petition, the authorities got a sketch map and a report prepared and it was brought on record through counter affidavit. On going through the - 2 - said sketch map and the report which are Annexures - A & B to the counter affidavit of Patna Regional Development Authority filed on 21/02/2005 it is clear that there is a 20 ft. wide public road on the south of the petitioner-appellant’s house but on the west there is only a Kacha Rasta on private land which also stops only after one plot behind the appellant’s house and three plots on the west of his house. The threatened demolition of the appellant’s boundary wall and his house was with a view not to widen any public road but only a Kacha rasta over land that belongs to private parties, as per report. We find substance in the submission made on behalf of the appellant that the pendency of sanction plan of the appellant’s house is not relevant for deciding the issue whether the respondents authorities can threaten to demolish the appellant’s boundary wall and house in the name of widening of Kacha Rasta on the west which is not a public thoroughfare but only the private land of land owners in the vicinity. Had the western rasta been a public land or a public road being used as a thoroughfare, the matter could have been different and this Court might have been inclined to order for widening of that rasta even by acquisition of land at public expense. However, in the facts of the case that option is also not to be preferred because Kacha Rasta on the west of the appellant’s house is admittedly not a public thoroughfare and not even a public land. Even that rasta, as per the sketch map (Annexure- A) stops only after one or two plots behind the petitioner/appellant’s house. - 3 - In the facts and circumstances of the case, the impugned action of the respondents in threatening to demolish a part of the appellant’s boundary wall and house for helping to widen a private Kacha rasta at the cost of the petitioner/appellant by forcible occupation of land belonging to him on the western side is against law. In the facts of the case, this letters patent appeal is allowed. The order dated 27.01.2009 passed by the writ Court in C.W.J.C. No. 1056 of 2000 is set aside and the respondents are restrained from demolishing the boundary wall or any part of the appellant’s house situated in Tauzi No. 4453, Thana No. 3, Khata No. 3, Khesra No. 563 of Mauza Rajapur, Holding no. 587-D, Circle No. 247 of Patna Municipal Corporation situated within Mohalla West Anandpuri, P.S., S. K. Puri, Patna for the purpose of widening of the private kacha rasta on the west of the appellant’s house. There shall be no order as to cost. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AMIN