Sri Niwas Sharma And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20253 of 2014 ======================================================
1. Sri Niwas Sharma S/o Sri Basudeo Singh, R/o Village- Deodharpur, P.S.- Tekari, District- Gaya
2. Lalan Prasad, S/o Late Rameshwar Singh, R/o Amarpur, P.S. Tekari, District- Gaya. At present Mohalla- Tilha Kali Bari, P.S. Civil Lines Gaya, District- Gaya .... .... Petitioners
Versus
1. The State of Bihar through Chief Secretary to Govt. of Bihar
2. The Commissioner Magadh Range, Gaya, District- Gaya
3. The District Magistrate and Collector, Gaya
4. The Sub-Divisional Officer, Sadar, Gaya
5. The Circle officer, Town Block Gaya, District- Gaya
6. Sushil Sharma, S/o Sarju Sharma, R/o Moh.- Nutan Nagar, P.S.- Civil Lines, Dist.- Gaya
7. Sarju Sharma, S/o Late Rambrich Sharma, R/o Moh.- Nutan Nagar, P.S.- Civil Lines, Dist.- Gaya .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Respondent/s : Mr. Anil Kumar Sinha, GA-9 ====================================================== 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. Dhirendra Kumar Sinha, learned counsel for the petitioners, and Mr. Anil Kumar Sinha, learned GA-9, 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.
Patna High Court CWJC No.20253 of 2014 (2) 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.3, namely, District Magistrate and Collector, Gaya and respondent No.4, namely, Sub-Divisional Officer, Sadar, Gaya, 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