Fair examination of alleged encroachments, opportunity for petitioners to address encroachments, and maintenance of status quo over allotted shop areas.

Heard Mr. Tara Kant Jha, learned Sr. Counsel for the petitioners and Mr. Jagannath Jha. G.P. II, appearing on behalf of the State respondents.

2. The grievance of the petitioners in this writ application is that the shops allotted to the petitioners are being demolished without following the procedure prescribed under the law and/or guidelines provided by this Court in C.W.J.C. No. 2290/90. Learned counsel submits that under the scheme framed by the Administration the shops were allotted to the respective allottees and pursuant thereto rents are being paid to the department. Other grievance of the petitioners is that the demolition is being made on pick and choose basis. He has submitted that most of the construction has been made on public land, either on the Municipal land or on the Government land, for example Karpoori Market, by the side of D.R.M. office, Krishna Bhawan etc. and they are not being disturbed by the respondent authorities though they have encroached the public land. If the submission of Mr. Tara Kant Jha is correct then in that case the authority will examine the matter and proceed in accordance with law without making any discrimination between the alleged construction vis-a-vis the individuals. Mr. Jagannath Jha, however, submits that they have not only encroached the flanks but also they have encroached portion of the road.

3. Having regard to the rival contention of the parties it is not possible to pass effective order at this stage. Accordingly, I direct the respondent Collector as well as the Special Officer of the Municipality, Samastipur, to get the alleged encroachment measured by a competent person, preferably by the Executive Engineer, P.W.D. Roads, in presence of the representative of the petitioners as well as the State respondents and after measurement if any encroachment is found, in that event, the petitioners shall be given opportunity to remove the same within 48 hours therefrom, failing which the authority shall remove the same and cost, if any, shall be realised from the petitioners. Meanwhile, status quo, as of today, shall be maintained. It goes without saying that the areas over which the shops allotted to the respective shop owners under the scheme aforesaid shall not be disturbed. Learned counsel for the State submits that for running the shops the Municipality has to issue licence which has not been issued as yet for the year 1996-97. I am not in a position to express any opinion. .It will be open for the authority to proceed in accordance with law.

4. With the above observations and directions, this writ application is disposed of.