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Patna High CourtCWJC/14278/2015disposed

Mahendra Prasad Singh 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.14278 of 2015 ====================================================== Mahendra Prasad Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Shekhar Sharma For the Respondent/s : Mr. Partha Sarthi- Ga11 For the respondent No. 5 to 12.: Mr. Balram Kapri, Advoate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-09-2016 Heard Mr. Chandra Shekhar Sharma, learned Counsel for the petitioner, and Mr. Partha Sarthi, learned Government Advocate No. 11, appearing for the State-respondents. Heard also Mr. Prasoon Sinha, learned Counsel appearing for respondent No.

5. Heard also, Mr. Balram Kapri, learned Counsel appearing on behalf of respondent Nos. 5 to 12.

The grievance of the petitioner in this writ petition, made 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

Patna High Court CWJC No.14278 of 2015 (3) dt.19-09-2016 2/2 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 hereby directed that respondent No. 2, namely, the District Magistrate, Bhagalpur, and respondent No. 4, namely, the Circle Officer, Amarpur Anchal, District- Banka, 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