Vicky Chauhan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10508 of 2016 ======================================================

1. Vicky Chauhan Son of Balendra Chauhan resident of Village - Govindpur Beldari, Police Station Noorsarai, District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Chief Secretary, Government of Bihar, Patna.

3. The Secretary, Rural Development Department to the Government of Bihar, Patna.

4. The District Magistrate, Nalanda at Biharsharif.

5. The Circle Officer, Noorsarai, Police Noorsarai, District Nalanda.

6. The Officer In-Charge, Noorsarai Police Station, District Nalanda.

7. Lalit Chauhan Son of late Chamru Chauhan

8. Shivdhari Chauhan Son of Late Lachchu Chauhan respondent No. 7 and 8 both are residents of village Makanpur, Police Station Noorsarai, District Nalanda.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar For the Respondent/s : Mr. Prabhat Kumar Verma, AAG 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr. Surendra Kumar, learned Counsel for the petitioner, and Mr. P.K.Verma, learned Additional Advocate General No. 5, 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,

Patna High Court CWJC No.10508 of 2016 (2) dt.20-09-2016 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.4, namely, District Magistrate, Nalanda at Biharsharif, and respondent No.5, namely, Circle Officer, Noorsarai, District Nalanda, 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