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Patna High CourtCWJC/10489/2015withdrawn

Ram Parvesh Roy v. The State Of Bihar And ORS

2016-01-30Mr. Justice Chakradhari Sharan Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10489 of 2015 ======================================================

1. Ram Parvesh Roy S/o Matukhari Roy, Resient of Moghulchak, P.O. & P.S.- Mohiuddin Nagar, District- Samastipur .... .... Petitioner/s

Versus

2. 1. The State of Bihar through Subdivisional Officer, Patori, At/P.O.- Patori, District- Samastipur

3. Circle Officer, Mohiuddin Nagar Block, Mohiuddin Nagar, DistrictSamastipur

4. Mahanth Raghubir Das @ Nawad Das, Sri Ram Janki Mandir, Mohiuddin Nagar, Pachim Chauk Bazar, P.S. Mohiuddin Nagar, District- Samastipur

5. District Magistrate, Samastipur, At/P.O., District- Samastipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Saxena, Adv. For the Respondent/s : Mr. Ashok Kumar Choudhary- AAG-13 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 30-01-2016 Heard Mr. Anil Kumar Saxena, learned Counsel, appearing on behalf of the petitioner, and Mr. Ashok Kumar Choudhary, learned Additional Advocate General-13, appearing on behalf of the State.

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

Patna High Court CWJC No.10489 of 2015 (2) dt.30-01-2016 2/2 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 order, dated 24.11.2015, passed in C.W.J.C. No.4309 of 2015 (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, Circle Officer, Mohiuddin Nagar Block, District- Samastipur, 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, ACJ) (Chakradhari Sharan Singh, J) K.C.jha/- U