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Patna High CourtCWJC/13455/2016disposed

Mirza Jalaluddin Beg @ Jalalluddin Beg v. The State Of Bihar And ORS

2016-09-19Justice Smt. Anjana Mishra,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13455 of 2016 ======================================================

1. Mirza Jalaluddin Beg @ Jalalluddin Beg son of Mirza Alauddin Beg resident of Sikandra, P.O. and P.S. Sikandra, Distt- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Deputy Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

4. The Commissioner, Munger.

5. The District Magistrate, Jamui.

6. The Additional District Magistrate, Jamui.

7. The Circle Officer, Anchal Sikandra, P.S. Sikandra, Distt Jamui.

8. Azhar Siddique son of Late Hasan Imam

9. Hassan Siddique

10. Athar Siddique Both son of Mazhar Siddique

11. Mostt. Rehana Begum, wife of Late Majhar Siddique Respondents no. 8 to 11 are resident of Sikandra, P.O. and P.S.- Sikandra, Distt- Jamui. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Braj Kishore Singh, Advocate For the Respondent/s : Mr. Raghwanand, GA-11 Mr. Sanjay Kumar Tiwari, AC to GA-11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-09-2016 Heard Mr. Braj Kishore Singh, learned Counsel, appearing on behalf of the petitioner, and Mr. Raghwanand, learned Government Advocate No.11, appearing on behalf of the State-respondents.

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 removal of encroachment from Plot Nos. 2234, 2292 and 2224 of Khata No.454 in the township of Sikandra, Jamui.

Patna High Court CWJC No.13455 of 2016 (2) dt.19-09-2016 2/2 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, Jamui, 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. The petitioner may furnish to respondent No.5, namely, District Magistrate, Jamui, a copy of this writ petition along with annexures thereto and also a certified copy of this order.

In view of the above, this writ petition is accordingly disposed of.

Let a copy of this order be sent by FAX to the District Magistrate, Jamui.

(I.A. Ansari,CJ) (Anjana Mishra, J) Mkr./- U