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Patna High CourtCWJC/6344/2016disposed

Jiya Lal Sahani v. The State Of Bihar And ORS

2016-09-20Justice Smt. Anjana Mishra,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6344 of 2016 ======================================================

1. Jiya Lal Sahani Son of Late Balahu Sahani Resident of Village- Rajawara Bhagwan, P.O. & P.S. Mushahari District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Muzaffarpur.

3. The Senior Deputy Collector, District Legal Cell Muzaffarpur, DistrictMuzaffarpur.

4. The Circle Officer, Anchal Mushahari, District- Muzaffarpur.

5. Ramcharan Sahani Son of Late Anandi Sahani

6. Ram Babu Sahani

7. Sanjay Sahani

8. Rajesh Sahani all sons of Ram Charan Sahani All resident of Village Rajawara Bhagwan, P.S. Mushahari, District Muzaffarpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal, SC 24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Ramchandra Sahni, learned Counsel for the petitioner, and Mr. Sunil Kumar Mandal, learned SC 24, appearing for the State-respondents.

The grievance of the writ petitioner, made in this writ petition, under Article 226 of the Constitution of India, in the nature of Public Interest Litigation, relates to encroachment of public path/public road.

Having regard to the facts pleaded in this writ petition, the materials on record and, having heard learned counsel for both

Patna High Court CWJC No.6344 of 2016 (2) dt.20-09-2016 the parties, we find that the subject matter of this writ petition is fully covered by the observations made, and the directions given by us in the case of Sanjay Jha Vs. The State of Bihar and Others, reported in 2016 (1) PLJR 248.

In view of the above and in the interest of justice, it is hereby directed that respondent No.2, namely, District Magistrate, Muzaffarpur, and respondent No.4, namely, Circle Officer, Anchal Mushahari, District Muzaffarpur, shall act, in the present matter, in accordance with law, keeping in view the observations made and the directions given in the order, dated 24.11.2015, aforementioned.

In view of the above, this writ petition is accordingly disposed of.

(I.A. Ansari,CJ) (Anjana Mishra, J) A.I./- U