Jai Kant Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12574 of 2016 ======================================================

1. Jai Kant Prasad Son of Shri Mahendra Prasad, resident of VillageFaridpur (Ganj Bazar), P.S- Minapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistsrate, Muzaffarpur.

3. The Sub-Divisional Officer, East Muzaffarpur, District Muzaffarpur.

4. The Block Development Officer, Minapur, District- Muzaffarpur.

5. The Circle Officer, Minapur, Muzaffarpur.

6. The Executive Engineer, Road Construction Department Division-2, Muzaffarpur.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Naresh Singh, Advocate For the Respondent/s : Mr. Partha Sarthi, GA-4 Mr. Utsav Kumar, AC to GA-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-09-2016 Heard Mr. Ram Naresh Singh, learned Counsel, appearing on behalf of the petitioner, and Mr. Utsav Kumar, learned Government Advocate No.4, 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 Minapur Main Road and not to allow installation of Hat (Bazar) at Khemaipatti, Alineura and Ganj Bazar.

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

Patna High Court CWJC No.12574 of 2016 (2) dt.19-09-2016 2/2 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.2, namely, District Magistrate, Muzaffarpur, 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.2, namely, District Magistrate, Muzaffarpur, 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, Muzaffarpur.

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