Rash Bihari Giri @ Kiran Giri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17997 of 2015 ======================================================

1. Rash Bihari Giri @ Kiran Giri, Son of Late Sri. Kishun Giri, Resident of village Brahampur, P.S. Brahampur, District Buxar. .... .... Petitioner

Versus

1. The State of Bihar .

2. The Chief Secretary Government of Bihar, Old Secretariat Patna.

3. The Director General of Police Old Secretariat, Government of Bihar, Patna.

4. The Commissioner, Patna Division, Patna.

5. The District Magistrate Buxar.

6. The Superintendent of Police Buxar

7. The Sub Divisional Officer Dumraon, Buxar.

8. The Deputy Superintendent Police Office, Dumraon, Buxar

9. The Block Development Officer, Brahampur, P.S.- Brahampur, DistrictBuxar.

10. The Circle Officer, Brahampur, P.S.- Brahampur District- Buxar.

11. The Officer In-charge, Brahampur, P.S.- Brahampur District- Buxar. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sudha Chandra 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 ) 29-01-2016 Heard Mr. Surendra Kumar Singh, learned counsel for the petitioner, and Mr. Ashok Kumar Chaudhary, learned Additional Advocate General No. 13, appearing for the Staterespondents. 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

Patna High Court CWJC No.17997 of 2015 (2) dt.29-01-2016 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.5, namely, District Magistrate, Buxar and respondent No.7, namely, Sub-Divisional Officer, Dumraon, Buxar, 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