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Patna High CourtCWJC/5793/2016disposed

Onkar Sharan Singh v. The State Of Bihar And ORS

2016-09-19Justice Smt. Anjana Mishra,The Chief Justice2 pages

Patna High Court CWJC No.5793 of 2016 (2) dt.19-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5793 of 2016 ======================================================

1. Onkar Sharan Singh Son of Late Sita Ram Singh, Resident of Village - Sardiha, P.S. - Bakhtiyarpur, District - Saharsa. .... .... Petitioner

Versus

1. The State of Bihar, through the Commissioner cum Secretary, Public Works Department, Government of Bihar, New Secretariat, Bailey Road, Patna.

2. The Commissioner, Koshi Division, Saharsa.

3. The Collector, Saharsa.

4. The Chief Engineer, Public Works Department, Patna.

5. The Superintending Engineer, Public Works Department, Saharsa.

6. The Executive Engineer, Public Works department, Saharsa.

7. Sub - Divisional Engineer Officer, Public Works Department Office, Sonbarsa Raj, District - Saharsa.

8. The Sub - Divisional Officer, Simri Bakhtiyarpur Sub - Division, Simri Bakhtiyarpur, District - Saharsa.

9. The Circle Officer, Simri Bakhtiyarpur, District -Saharsa. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ratan Kumar For the Respondent/s : Mr. Sunil Kumar, AC to G A- 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-09-2016 Heard Mr. Ratan Kumar, learned Counsel for the petitioner, and Mr. Sunil Kumar, learned AC to GA 12, 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.

Patna High Court CWJC No.5793 of 2016 (2) dt.19-09-2016 Having regard to the facts pleaded in this writ petition, the materials on record and, having heard learned counsel for both 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.3, namely, Collector, Saharsa, and respondent No.8, namely, Sub-Divisional Officer, Simri Bakhtiyarpur Sub-Division, Simri Bakhtiyarpur, District Saharsa, 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