Vinod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1540 of 2015 ===========================================================

1. Vinod Kumar S/o - Late Anirudh Prasad, Resident of Mohalla- Purani Gudari , Naya Bazar, Ward No. - 11, P.S. - Bettiah Town, P.O. - Bettiah, District- West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary, Urban Development Department, Govt. of Bihar, Patna.

3. The District Magistrate, West Champaran.

4. The Nagar Parishad , Bettiah , West Champaran through its Executive Officer , Nagar Parishad , Bettiah, West Champaran.

5. The Executive Officer, Nagar Parisad, Bettiah, West Champaran.

6. The Superintendent of Police, Bettiah, West Champaran.

7. The Dy. S.P. Bettiah, West Champaran.

8. Ashok Sonar, S/o- Late Raja Ram Sah , resident of Mohalla- Purani Gudari , Naya Bazar , Ward No. - 11, P.S. - Bettiah Town, P.O- Bettiah, District - West Champaran.

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

For the Petitioner/s : Mr. Shri Prakash Srivastava For the Respondent/s : Mr. Anil Kumar Sinha, GA-9 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH JUDGMENT AND ORDER ORAL (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 30-01-2016 Heard Mr. Shri Prakash Srivastava, learned counsel for the petitioner, and Mr. Anil Kumar Sinha, learned GA-9, appearing for the State-respondents.

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

Patna High Court CWJC No.1540 of 2015 dt.30-01-2016 2/2 path/public road.

Having regard to the facts pleaded in this writ 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, District Magistrate, West Champaran, 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