Urmila PathakversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1608 of 2025
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                 Urmila Pathak Wife of Late Parasnath Pathak, Res of Moh- House No.412,
                 Gali No.23, Nehru Nagar, Patliputra, P.S.- Patliputra, Patna-13.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Commissioner, Patna Pramandal, Patna.
           2.    The Collector-cum-District Magistrate, Patna.
           3.    The District Public Grievance Redressal Officer, Patna.
           4.    The Sub-Divisional Officer, Sadar Patna.
           5.    The Executive Officer, Patna Municipal Corporation, Patliputra Circle,
                 Patna.
           6.    The Superintendent of Police, Patna.
           7.    The Station House Officer, Patliputra Police Station, Patna.
           8.    Nand Kishore Sharma, Social Worker, House No.412-A, Gali No.23, Nehru
                 Nagar, Patliputra, P.S.- Patliputra, Patna-13.
           9.    Ravindra Thakur Son of Late Shakaldeo Thakur, House No.330, Gali No.23,
                 Nehru Nagar, Patliputra, P.S. Patliputra, Patna-13.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sharad Kumar Verma, Adv.
                 For the Respondent/s   :      Mr. Addl. Advocate General (09)
                 For the State          :      Mr. Prem Ranjan Kumar (AC to AAG 9)
                 For the PMC            :      Mr. Sanjay Praksh Verma, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
                                       ORAL ORDER

2   06-07-2026                    Heard Mr. Sharad Kumar Verma, Advocate for

                   petitioner, Mr. Sanjay Prakash Verma, Advocate for PMC and

                   Mr. Prem Ranjan Kumar, AC to AAG- IX for the State.

                               2. The petitioner in the present writ application has

                   prayed for the issuance of an appropriate writ, order or direction,

                   particularly, in the nature of writ of certiorari for quashing the

                   notice vide the Letter No. 2132 dated 09.12.2024 issued under
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          signature      of     the   Executive          Officer,   Patna   Municipal

          Corporation, Patliputra Circle, Patna, on the basis of complaint

          no. 428110123112408344 submitted by the respondent no. 8,

          whereby the petitioner’s son Gajendra Kumar Pathak and three

          others were directed to remove encroachment from over the

          Gali No. 23. It is humbly submitted that the aforesaid Notice has

          been served upon the petitioner for the first time without calling

          for the show cause/explanation, and the said notice was not

          containing measurement report, if any, done in absence of the

          petitioner.     For     holding         further    enquiry   with   respect

          encroachment made at southern end of Gali No. 23 constructing

          houses, boundary wall and iron gate and grill by private

          respondent nos. 8 and 9, and thereafter necessary action for

          removal of the same be taken.

                        3. The petitioner is aggrieved by the notice dated

          09.12.2024, issued by respondent no. 3 whereby her son has

          been directed to remove the encroachment from over gali no.

          23, Nehru Nagar, Patna on the ground that it does not contain

          the measurement report, if any, undertaken in absence of

          petitioner. The prayer of the petitioner was vehemently opposed

          by the counsel appearing on behalf of PMC.

                        4. On bare perusal of show-cause notice dated
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                     09.12.2024, which forms Annexure -P/1 of writ application, it

                     appears that the petitioner has been show caused merely on the

                     complaint made by the private parties. Before issuance of the

                     show cause notice, it appears that even the complaint was not

                     enquired and exercise of any measurement has been undertaken.

                                 5. Be that as it may, this Court finds that if the

                     petitioner, by way of Annexure P/2, has submitted her reply, by

                     registered post on 27.12.2024 itself, praying therein for

                     measurement of entire gali no. 23 in her presence and at her cost

                     so as to substantiate that no encroachment has been made either

                     by her or by her son.

                                 6. Accordingly, the show-cause notice is set aside and

                     this Court directs the respondent PMC to take steps for

                     measurement/ re-measurement of gali no. 23 in presence of all

                     concerned parties on appointed date i.e. on 25.07.2026 and is

                     at liberty to take any further steps, if required, in accordance

                     with law.

                                 7. The writ petition is allowed.



                                                (Vikash Kumar, J)

Ashwin/-

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