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quesGovernment road encroached upon, can the encroacher be criminally held

Hi!

In the district of madhubani a portion of the government road has been encroached upon by an encroacher, Now I plan to work out a criminal case against the encroacher by simply making the authorities of government of India as a party to a public interest litigation and simply get the encroacher trapped for criminal prosecution.
I plan not to make the encroacher a party to petition, simply no excuses theft of goivernment property is theft as per ipc , can such an act be excercised?

  • ansWell your queries is into two parts first u want to prosecute the encroacher and second part is to file a pil . I must clarify you that if u want to file a criminal case it can filed only in local police station or court with local jurijurisdiction and in that u need to state the name of encroacheres . Secondly if u want to file a pil that will be filed only in hon,ble patna high court and in that u have to make opposite parties concerned with the road that is the department whom that road belongs , district administration and circle office madhubani.

    Advocate Ratnesh Kumar

      Civil Court, Patna, Patna

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