Anwar Mian v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20586 of 2014 ===========================================================

1. Anwar Mian S/o Late Samsul Mian, Ward Member of Ward No. 7, Jhakhra Gram Panchayat, P.S. Jagdishpur, Block - Nautan, District - West Champaran .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna

3. The Secretary, Panchayati Raj Department, Government of Bihar, Patna

4. The District Magistrate, Bettiah West Champaran

5. The Deputy Collector, Land Reforms, Department, West Champaran

6. The District Panchayati Raj Department, West Champaran

7. The Block Development Officer, Nautan, West Champaran

8. The Circle officer, Nautan, West Champaran

9. The Mukhia, Gram Panchayat Raj Jharkhan

10. The Panchayat Secretary, Gram Panchayat Raj Jharkhara .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Sharan Singh For the Respondent/s : Mr. AJAY, GA-12 =========================================================== 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. Shambhu Sharan Singh, learned counsel for the petitioner, and Mr. Ajay, learned GA-12, appearing for 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 path/public road.

Patna High Court CWJC No.20586 of 2014 dt.30-01-2016 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.4, namely, District Magistrate, Bettiah West Champaran 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