In The High Court of Judicature At Patna

(Criminal Writ Jurisdiction Case of 2021)

C.W.J.C No. I.A.No.1360 of 2018

Meghnath Kumar ------------------------------Petitioner

Versus

The State of Bihar and others ----------------------------------Respondents

Sub: I.A for early hearing

Index

Sl. No. Particulars Page No.

1. An application with affidavit 1 to….

2. Annexure-1 A photo copy of the application

dated 19.07.2021.

3. Impugned Order

4. Vakalatnama
 1.

In the High Court of Judicature At Patna

(Criminal Writ Jurisdiction Case of 2021)
C.W.J.C No. I.A.No.1360 of 2018

In the matter of an application

Under article 226 of the

Constitution of India

And

In the matter of

Meghnath Kumar son of Shri Jageshwar Mistri resident of village- Tendua Pokhar,

P.S- Aurangabad (M) and Distt:- Aurangabad

Meghnath Kumar ………………………….………………….Petitioner

Versus

The State of Bihar and others …………………………Respondents

To

The Hon’ble Mr Justice Sanjay Karol the Chief Justice of the High Court of

Judicature at Patna and her companion Justices of the said Hon’ble court.
 The humble petition on behalf

of the above named

petitioners.

2.

MOST RESPECTFULLY SHEWETH:-

1. That this application is being filed for restraining the Private Respondents for

making construction over the public land during the pendency of the case and

further for direction upon the concerned respondents to take step by disposing

the encroachment case bearing no. 4/16-17 that has not come to its logical and

lawful end and further for correction in paragraph (1) to the extent that in place

of khata no. 6 appertaining to plot no.643 and 648. Khata no.6, plot no. 643

may be read.

2. That no such application has been filed either or on behalf of the petitioner

seeking similar relief before this Hon’ble court.

3. That the instant writ petition has been heard on 12.04.2018 and this Hon’ble

court was pleased to direct to issue notice to Private Respondents and to

implead zila parishad, Aurangabad as party respondents and the same has been
 carried out and the Learned counsel of Private Respondents and Z.P has

appeared.

3.

4. That this Hon’ble court was pleased to direct the Learned counsel appearing on

behalf of the state to file counter affidavit but the case status shows no counter

affidavit has been filed so far.

5. That during pendency of the case and in spite of appearance in the case upon

notice the Private Respondents are expanding encroachment and the petitioner

vide application dated 19.07.2021 has drawn attention over the issue but no

step has been take so far.

A photo copy of

the application

dated 19.7.2021

is being annexed

herewith and

marked as
 annexure-1 to

this application.

4.

6. That thus under the facts and circumstances stated above it is humbly and

respectfully submitted that the Private Respondents are expanding

encroachment over the public land and the authority concerned in spite of

institution of encroachment and report no step has been taken in removal of

encroachment and due to in action the people of the locality have been facing

much difficulties due to obstruction over the Public Rasta and as such in the

interest of justice interference of this Hon’ble court is required.

It is therefore prayed

that your Lordships

may graciously be

pleased to issue rule

“NISI” calling upon the

respondent to show-

cause as to why the

relief prayed for in

paragraph-1 to this writ

 petition be not allowed

to the petitioners and

upon return of the rule,

cause shown if any and

after hearing the parties

5.

be pleased to make the

rule absolute against the

Respondents and allow

this writ application..

And/or

Pass such other order(s)

as your Lordships may

deem fit and proper in

the interest of justice.

And for this the petitioner shall ever pray.

 6.

AFFIDAVIT

I, Meghnath Kumar aged about…………..years son of Sri Jageshwar Mistri resident

of village- Tendua Pokhar, P.S- Aurangabad (M) and District-Aurangabad do hereby
solemnly affirm and state as follows:-

1. That I am petitioner in this case and as such as well acquainted with the facts
and circumstances of this case.

2. That the contents of this petition have been read over and explained to me in
Hindi which I have fully under stood the statements made in paragraph no…
are true to my information derived from the record and have belief to be true
and rest are by way of submission before this Hon’ble court.

3. That the Annexures are true/photocopies of its originals.