Pradeep Kumar Biswas v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17266 of 2015 =========================================================== Pradeep Kumar Biswas, Son of Late Chandranand Biswas, Resident of villagePuvana Sonali, P.O.- Milik Pahlagarh, P.S.- Kadwa, District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna

3. The Divisional Commissioner, Purnea Division, Purnea

4. The District Collector, Katihar

5. The Sub Divisional Officer, Barsoi, District- Katihar

6. The Deputy Collector, Land Reforms, Barsoi, Katihar

7. The Circle Officer, Kadwa, District- Katihar

8. Putul Devi Mandal, wife of Jagdish Mandal

9. Jagdish Mandal @ Mirgha, Son of not known

10. Raj Kumar Devi Wife of Sikandar Mirgha

11. Sikandar Mirgha, son of not known Respondent Nos. 8 to 11 are the Resident of Village- Puranan Sonaili, P.O. Milik Pal Lagarh, P.S.- Kadwa, District- Katihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Jibendra Mishra, Advocate For the Respondents-State : Mr. Vinay Kirti Singh- GA No. 3 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 30-01-2016 Heard Mr. Jibendra Mishra, learned Counsel, appearing on behalf of the petitioner, and Mr. Vinay Kirti Singh, learned Government Advocate No.3, appearing on behalf of 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 public

Patna High Court CWJC No.17266 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.5, namely, Sub-Divisional Officer, Barsoi, Katihar, 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) Sunil/- U