Md. Rwyaz Hussain And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20369 of 2014 ======================================================

1. Md. Rwyaz Hussain son of Md. Mawnnat

2. Md. Irfan son of Md. Abdus Khudus

3. Sarwar son of late Tinkauri

4. Md. Jahid son of Md. Karibullah

5. Bibi Jeenat, wife of Md. Farooque All are resident of village/Mohalla-Rajpur, P.S. Sabour, District Bhagarpur .... .... Petitioners

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 2.

The Commissioner, Bhagalpur Region, District Bhagarpur 3.

The District Magistrate, District Bhagalpur 4.

The Sub divisional Officer, Sabour, District Bhagalpur 5.

The Block Development Officer, Sabour Anchal, District Bhagalpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Respondent/s : Mr. Partha Sarthy, GA-11 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 30-01-2016 Heard Mr. Swapnil Kumar Singh, learned counsel for the petitioners, and Mr. Partha Sarthy, learned GA-11, 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 path/public road.

Having regard to the facts pleaded in this writ petition, the materials on record and, having heard learned counsel for both

Patna High Court CWJC No.20369 of 2014 (2) dt.30-01-2016 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.3, namely, District Magistrate, Bhagalpur and respondent No.4, namely, Sub-Divisional Officer, Sabour, District Bhagalpur, 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