Rabindra Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2418 of 2015 ===========================================================

1. Rabindra Rai, Son of Ram Surat Rai Resident of Village-Shubhai, P.S.-Hajipur Sadar, District-Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.

2. The Commissioner, Tirhut Division, Muzaffarpur.

3. The District Officer, Vaishali at Hajipur.

4. The Sub Divisional Officer, Hajipur, District-Vaishali.

5. The Circle Officer, Hajipur Block, District-Vaishali.

6. Ram Shobhit Rai Son of Late Mashudan Rai Resident of Village-Shubhai, P.S.- Hajipur Sadar, District-Vaishali.

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Respondent/s : Mr. Partha Sarthy, GA-11 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH JUDGMENT AND ORDER ORAL (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 04-02-2016 Heard Mr. Ganesh Pd. Singh, learned counsel for the petitioner, and Mr. Partha Sarthy, learned GA-11, appearing for 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 encroachment of public path/public road.

Having regard to the facts pleaded in this writ petition, the

Patna High Court CWJC No.2418 of 2015 dt.04-02-2016 2/2 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 Officer, Vaishali at Hajipur and respondent No.4, namely, Sub-Divisional Officer, Hajipur, District Vaishali, 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