Arun Kumar Jha And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.859 of 2015 ===========================================================

1. Arun Kumar Jha, son of Late Chandra Shekhar Jha, (Ward Member, Ward No.4), Resident of village- Kushahar, Police Station- Tariyani, DistrictSheohar.

2. Surendra Prasad Singh, son of Late Ramautar Singh, Resident of villageKushahar, Police Station- Tariyani, District- Sheohar. .... .... Petitioners

Versus

1. The State of Bihar through the District Magistrate, Sheohar.

2. The Sub- Divisional Officer, Sheohar.

3. The Circle Officer, Sheohar.

4. Sri Ram Binay Sah son of Late Ram Chandra Sah, Resident of village- Kushahar Southern Tola, Police Station- Tariyani, District- Sheohar.

5. Bishwanath Sah. son of Ram Saran Sah. Resident of village- Kushahar Southern Tola, Police Station- Tariyani, District- Sheohar.

6. Nawal Kishore Sah. son of Ram Saran Sah. Resident of village- Kushahar Southern Tola, Police Station- Tariyani, District- Sheohar. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Respondent/s: Mr. Roy Shivaji Nath, AAG-3 =========================================================== 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. Anil Kumar, learned counsel for the petitioners, and Mr. Roy Shivaji Nath, learned Additional Advocate General No. 3, appearing for the State-respondents.

The grievance of the writ petitioners, 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.859 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.1, namely, District Magistrate, Sheohar and respondent No.2, namely, Sub-Divisional Officer, Sheohar, 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