IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2623 of 2019 ======================================================

Parmila Devi W/o Ranvijay Prasad Singh resident of House No 27, Ward No.

26, PS- Bettiah Town, District- Bettiah.

... ... Petitioner/s Versus

1. The State of Bihar and Ors. through Principal Secretary Urban Development, Government of Bihar, New Secretariat, Patna, Bihar.

2. The Collector Bettiah.

3. The Executive Municipal Officer, Nagar Parishad Bettiah.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Chandra Kant, Advocate Mr. Dhirendra Kumar, Advocate Mr. Sudhanshu Prakash, Advocate Mr. Vaibhav Kumar Jha, Advocate Ms. Karnika, Advocate Ms. Sristi, Advocate For the State : Mr. Subash Prasad Singh (GA-3)

For the Res. No. 3 : Mr. Priyadarshi Matri Sharan, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

5 12-01-2026 Heard learned counsel for the parties concerned.

2. The case of the petitioner is that the petitioner constructed a house on a piece of land gifted in her favour in 1984. The respondent, Municipal Executive Officer, Nagar Parishad, Bettiah, issued a notice bearing No. 156 dated 01.02.2019, directing the petitioner to remove the encroachment on the public land by demolishing the parapet (Chhaja) and other portions of the house, which, as per the measurement done by the Municipal Authority. The petitioner was found encroaching to the extent of 2 feet 6 inches on the eastern side of the gali and 2 feet 8 inches and 1 foot on the southwestern side of the gali.

3. Learned counsel for the petitioner submits that the husband of the petitioner has constructed the house over the land after getting the plan sanctioned. The petitioner has been residing with her family members in the said house. The impugned notice was issued by the Executive Officer, Nagar Parishad, Bettiah, directing the petitioner to demolish/remove the encroachment within five days; otherwise, the same would be demolished.

4. Referring to the counter affidavit, learned counsel submits that measurement of the house of the petitioner was done by the Amin of the Nagar Parishad, Bettiah, on 01.02.2019, and without instituting any proceeding under the provisions of the Bihar Municipal Act, on the same date, i.e., 01.02.2019, the impugned notice has been issued, directing the petitioner to remove the encroachments. Petitioner was not given any opportunity to submit her case as required under Section 319 of the Bihar Municipal Act, and no final order has been passed by the Chief Municipal Officer under Section 323.

5. On the other hand, learned counsel for the Nagar Parishad, Bettiah, now upgraded to Municipal Corporation, submits that the claim of the petitioner is upon Plot No. 5137, whereas measurement was done on Plot No. 5138, which is the land of the Municipal Road, and the petitioner has been found encroaching upon the Municipal Road from the side of the gali; as such, the notice has been issued for removal of encroachment from the public land.

6. Having heard learned counsel for the parties, taking into consideration the nature of the dispute, the writ application is disposed of with liberty to the petitioner to file her reply before the Municipal Commissioner within a period of four weeks, and if such reply is filed, the Municipal Commissioner shall consider the same after giving opportunity of hearing to the petitioner or her representative and shall pass a final order within a reasonable time frame.

7. Till the final order is passed by the Municipal Commissioner, no steps for demolition of the offending structure shall be taken by the respondents.

(Anil Kumar Sinha, J)

Siwani/-

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