Fazalur Rahman And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13224 of 2015 ===========================================================
1. Fazalur Rahman, son of Late Abdur Rashid
2. Mostt. Urmila Devi w/o Late Suryanarayan Rai
3. Yogendra Rai, son of Late Babu Lal Rai
4. Dukhkhi Ansari, son of Late Jahur Ansari
5. Bibi Khadeeja Ansari w/o Late Nur Islam Ansari
6. Md. Anaytullah, son of Late Md. Ahya
7. Rokshana wife of Gufran Ahmad
8. Md. Shaukat Ali, son of Late Md. Haseem
9. Abdul Kadir, son of Late Jainul Haque All are resident of village- Bhokhari, P.O.- Kadampura, P.S.- Kishanpur District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
3. The Commissioner, Koshi Division, Saharsa.
4. The District Magistrate, Supaul.
5. The Circle Officer, Kishanpur, Distt- Supaul. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Respondent/s : Mr. Ashok Kumar Choudhary- AAG-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) Date: 30-01-2016 Heard Mr. Pramod Mishra, learned Counsel, appearing on behalf of the petitioners, and Mr. Ashok Kumar Choudhary, learned Additional Advocate General-13, appearing on behalf of the State.
The grievance of the writ petitioners, made in this writ
Patna High Court CWJC No.13224 of 2015 dt.30-01-2016 2/2 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.5, namely, The Circle Officer, Kishanpur, District- Supaul, 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) K.C.jha/- U