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Patna High CourtCWJC/14546/2015disposed

Qauum Ansari And ORS v. The State Of Bihar And ORS

2016-02-04Mr. Justice Chakradhari Sharan Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14546 of 2015 ===========================================================

1. Qauum Ansari Son of late Muakim Ansari

2. Devendra Prasad panjiyar, son of Bisuni Panjiyar

3. Chandeshwar Panjiyar son of late Jhavli Panjiyar, all resident of Village Kesuli,P.o. Akaur, P.s Benipatti,District Madhubani. .... .... Petitioners

Versus

1. The State of Bihar

2. The Principal Secretary, Revenue and land Reforms Department, Govt. of Bihar.

3. The Director,Land Reforms & Survey ,Bihar Patna

4. The District Magistrate, Madhubani.

5. The Sub-Divisional Magistrate, Benipatti, Madhuabani.

6. The Circle Officer, Benipatti, Madhubani.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Vinay Kirti Singh- GA-3 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH JUDGMENT AND ORDER ORAL (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 04-02-2016 Heard Mr. Prashant Sinha, learned counsel for the petitioners, and Mr. Vinay Kirti Singh, learned GA-3, appearing for the State-respondents.

The grievance of the writ petitioners, 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

Patna High Court CWJC No.14546 of 2015 dt.04-02-2016 2/2 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, Madhubani, and respondent No.5, namely, Sub-Divisional Magistrate, Benipatti, Madhubani, 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) A.I./- U