Kanhaiya Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15998 of 2014 ======================================================

1. Kanhaiya Prasad Singh, Son of Shri Ram Krishna Singh, resident of Village- Hathi Tola, Post Office- Chhihattar Police Station- Maner, District- Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Commissioner, Patna Division, Patna

3. District Magistrate, Patna

4. Sub Divisional Magistrate, Danapur, Patna

5. Deputy Collector Land Reforms, Danapur, Patna

6. Circle Officer, Maner (Patna), District- Patna

7. Senior Superintendent Patna, District- Patna

8. Superintendent of Police (Rural Patna West), District- Patna

9. Officer-in-Charge, Maner Police Station, District- Patna

10. Shyama Sah S/o Late Bansi Sah

11. Madan Sah

12. Raj Kumar Sah

13. Shanker Sah

14. Prahlad Sah , All are sons of Shyama Sah

15. Arjun Sah S/o Late Bansi Sah

16. Shabhu Sah

17. Tuntun Sah

18. Sanjay Sah , All are S/o Shri Arjun Sah

19. Yogendra Sah S/o Late Saryug Sah

20. Baban Sah

21. Mahaver Sah

22. Vakil Sah

23. Mukesh Sah

24. Munna Sah, All are sons of Yogendra Sah, All are resident of VillageHathi Tola, P.S. + Anchal- Maner, District- Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Phulen Yadav For the Respondent/s : Mr. Parth Sarthi (GA-11) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 30-01-2016 None has appeared on behalf of the petitioner. Heard Mr. Parth Sarthi, learned GA-11, appearing for the State-respondents.

Patna High Court CWJC No.15998 of 2014 (3) dt.30-01-2016 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 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, Patna and respondent No.4, namely, Sub-Divisional Magistrate, Danapur, Patna, 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