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Patna High CourtCWJC/13853/2015disposed

Dharmendra Kumar And ANR v. The State Of Bihar And ORS

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13853 of 2015 ====================================================== Dharmendra Kumar & Anr .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Raj For the Respondent/s : Mr. Sunil Kumar AC to GA - 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-09-2016 Heard Mr. Hans Raj, learned Counsel for the petitioners, and Mr. Sunil Kumar, learned Assistant Counsel to Government Advocate No. 12, appearing for the State-respondents. The grievance of the 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 materials on record and, having heard learned Counsel for the parties, we find that the subject matter of this writ petition is fully covered by the observation 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

Patna High Court CWJC No.13853 of 2015 (3) dt.19-09-2016 2/2 hereby directed that respondent No. 2, namely, The District Magistrate, Arwal, and respondent No. 5, namely, the Circle Officer, Kaler, District- Arwal, 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) sunil/- U