Sri Narayan Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15454 of 2015 ======================================================

1. Sri Narayan Sharma son of Late Dwarika Sharma, Village- Bhawani Tola, P.O. Rampur Diara, P.S. Maner, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna

3. The Director, Secondary Education, Govt. of Bihar, Patna.

4. The District Magistrate, Rohtas at Sasaram

5. The Circle Officer, Dehir, District- Rohtas

6. The District Education Officer, Rohtas at Sasaram

7. The Medical Council of India, Pocket-14, Sector-8, New Delhi through its Secretary null null

8. The Chairman, Medical Council of India, Pocket-14, Sector-8, New Delhi

9. Gopal Narain Singh son of Deo Mangal Singh, At + P.O.- Jamuhar, P.S.- Dehri, District- Rohtas at Sasaram .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Respondent/s : Mr. A.K.Chaudhary, AAG-13 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 30-06-2016 In compliance of the directions, issued by the order, dated 20.06.2016, respondents No.4, namely, District Magistrate, Rohtas at Sasaram, respondent No.5, namely, Circle Officer, Dehri, and respondent No.6, namely, District Education Officer, Rohtas at Sasaram, are present, in person, along with the relevant records.

Perused the supplementary affidavit filed by

Patna High Court CWJC No.15454 of 2015 (8) dt.30-06-2016 2/3 respondent Nos.4 and 5.

Heard Mr. Brij Nandan Prasad, learned Counsel, for the petitioner, and Mr. Ashok Kumar Choudhary, learned Additional Advocate General No.13, appearing on behalf of the State-respondents. Heard also Mr. Rajeev Singh, learned Counsel, appearing on behalf of respondent No.9. It is submitted by the respondents that out of 34 appeals arising out of encroachment cases registered with respondent No.4, namely, District Magistrate, Rohtas, at Sasaram, as many as two appeals have been disposed of and endeavour would be made to dispose of the remaining 32 appeals within the next four months.

It is also submitted that Encroachment Appeal No.2 of 2007-08, which was the subject matter of query in the order, dated 20.06.2018, aforementioned, has already been dismissed on 21.06.2016 and respondent No.5, namely, Circle Officer, Dehri, would take the necessary consequential steps and do the needful in accordance with law.

In view of the above, we do not find that any cause surviving for determination, for the present, in this Public Interest Litigation.

Situated thus, this writ application, which has been

Patna High Court CWJC No.15454 of 2015 (8) dt.30-06-2016 3/3 filed in the form of Public Interest Litigation, is, in the interest of justice, closed with liberty granted to the petitioner to approach this Court with appropriate application, in future, if so advised, and/or take recourse to such provisions of law as may be permissible.

We, however, direct respondent Nos.4, 5 and 6, more particularly, respondent No.5, namely, Circle Officer, Dehri, to ensure expeditious and effective execution of the order, which had been passed in the relevant encroachment case unless the order is, otherwise, interfered with, in accordance with law. (I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) Mkr./- U