Gauri Shankar Matwala And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2215 of 2015 ===========================================================

1. Gauri Shankar Matwala S/o Late Baldeo Mandal

2. Kamla Prasad Singh S/o Late Lal Singh

3. Sambhu Nath Yadav S/o Late Radhika Raman Yadav All R/o Village Mahiyama, P.S. Sanhaula, District Bhagalpur.

.... .... Petitioners

Versus

1. The State of Bihar through the Principal Secretary, Land Reforms & Revenue Department, Bihar, Patna.

2. The District Magistrate, Bhagalpur.

3. The Sub Divisional Officer, Kahalgaon.

4. The Deputy Collector, Land Reforms, Kahalgaon, District Bhagalpur.

5. The Circle Officer, Sanhaula, District Bhagalpur.

6. The Block Development Officer, Sanhaula, District Bhagalpur.

7. Genu Mandal S/o Late Asarfi Mandal Resident of Village Mahiama, P.S. Sanhaula, District Bhagalpur.

8. Hriday Sao S/o Kailash Sao

9. Chhotu Mandal S/o Late Goldi Mandal Both R/o Village Mitiyama, P.S. Sanhaula, District Bhagalpur.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Subodh Prasad For the Respondent/s : Mr. J.S.Barnwal, GA-5 =========================================================== 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. Subodh Prasad, learned counsel for the petitioners, and Mr. J.S.Barnwal, learned GA-5, 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

Patna High Court CWJC No.2215 of 2015 dt.30-01-2016 2/2 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 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, Bhagalpur and respondent No.3, namely, Sub-Divisional Officer, Kahalgaon, 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